Monday, May 12, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 12, 2008 11 3:02 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 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, we will observe a moment of 11 silence. 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, May 11, the Senate met pursuant to 18 adjournment. The Journal of Saturday, May 10, 19 was read and approved. On motion, Senate 20 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 Lanza. 8 SENATOR LANZA: Mr. President, 9 amendments are offered to the following Third 10 Reading Calendar bills: 11 By Senator Fuschillo, page 40, 12 Calendar Number 552, Senate Print Number 5795; 13 By Senator LaValle, page 44, 14 Calendar Number 669, Senate Print Number 5030; 15 By Senator LaValle, page number 46, 16 Calendar Number 694, Senate Print Number 5635. 17 Mr. President, I now move that 18 these bills retain their place on the order of 19 third reading. 20 ACTING PRESIDENT GRIFFO: Thank 21 you, Senator Lanza. 22 The amendments are received and 23 adopted, and the bills will retain their place 24 on the Third Reading Calendar. 25 I'd ask that we please have order

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(518) 371-8910 1 in the house. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 there are three substitutions at the desk. If 5 we could make them at this time. 6 ACTING PRESIDENT GRIFFO: The 7 Secretary will read. 8 THE SECRETARY: On page 21, 9 Senator Morahan moves to discharge, from the 10 Committee on Civil Service and Pensions, 11 Assembly Bill Number 9444A and substitute it 12 for the identical Senate Bill Number 6491A, 13 Third Reading Calendar 64. 14 On page 40, Senator O. Johnson 15 moves to discharge, from the Committee on 16 Health, Assembly Bill Number 10062 and 17 substitute it for the identical Senate Bill 18 Number 7015, Third Reading Calendar 563. 19 And on page 57, Senator Fuschillo 20 moves to discharge, from the Committee on 21 Agriculture, Assembly Bill Number 1172 and 22 substitute it for the identical Senate Bill 23 Number 7406, Third Reading Calendar 898. 24 ACTING PRESIDENT GRIFFO: 25 Substitutions so ordered.

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(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 Senator Bonacic has a resolution, Number 5832, 4 at the desk. If we could have the title read 5 and move for its immediate adoption. 6 ACTING PRESIDENT GRIFFO: The 7 Secretary will read. 8 THE SECRETARY: By Senator 9 Bonacic, Legislative Resolution Number 5832, 10 honoring Christopher Dolan upon the occasion 11 of receiving the Police Purple Heart Award 12 from the City of Middletown Police Department 13 on May 13, 2008. 14 ACTING PRESIDENT GRIFFO: The 15 question is on the resolution. All in favor 16 signify by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT GRIFFO: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT GRIFFO: The 22 resolution is adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 Senator Bonacic has a resolution, Number 5833,

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(518) 371-8910 1 at the desk. If we could have the title read 2 and move for its immediate adoption. 3 ACTING PRESIDENT GRIFFO: The 4 Secretary will read. 5 THE SECRETARY: By Senator 6 Bonacic, Legislative Resolution Number 5833, 7 honoring Jason Jennings and Alberto Lopez upon 8 the occasion of receiving the Medal of 9 Distinction from the City of Middletown Police 10 Department on May 13, 2008. 11 ACTING PRESIDENT GRIFFO: The 12 question is on the resolution. All in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT GRIFFO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT GRIFFO: The 19 resolution is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 Resolution 5834 is at the desk, by Senator 23 Bonacic. If we could have the title read and 24 move for its immediate adoption. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 Secretary will read. 2 THE SECRETARY: By Senator 3 Bonacic, Legislative Resolution Number 5834, 4 honoring Jamie Johnson, Patrick Cunningham and 5 Frank Speranza upon the occasion of receiving 6 the Medal of Valor from the City of Middletown 7 Police Department on May 13, 2008. 8 ACTING PRESIDENT GRIFFO: The 9 question is on the resolution. All in favor 10 signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT GRIFFO: 13 Opposed. 14 (No response.) 15 ACTING PRESIDENT GRIFFO: The 16 resolution is adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 Resolution 5842, by Senator Aubertine, is at 20 the desk. If we could have the title read, 21 move for its immediate adoption, and open it 22 up for cosponsorship. 23 ACTING PRESIDENT GRIFFO: The 24 Secretary will read. 25 THE SECRETARY: By Senator

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(518) 371-8910 1 Aubertine, Resolution Number 5842, 2 commemorating the 100th Anniversary of Fort 3 Drum. 4 ACTING PRESIDENT GRIFFO: The 5 question is on the resolution. All in favor 6 signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT GRIFFO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT GRIFFO: The 12 resolution is adopted and open for 13 cosponsorship if you register with the desk. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 there will be an immediate meeting of the 17 Rules Committee in the Majority Conference 18 Room. 19 ACTING PRESIDENT GRIFFO: There 20 will be an immediate meeting of the Rules 21 Committee in the Majority Conference Room. 22 The Senate stands at ease. 23 (Whereupon, the Senate stood at 24 ease at 3:06 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 3:11 p.m.) 2 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 Senator Skelos. 5 SENATOR SKELOS: Yes, 6 Mr. President. On Senator Aubertine's 7 resolution, 5842, we opened it up for 8 cosponsorship. If anybody wishes not to 9 sponsor it, they should notify the desk. 10 ACTING PRESIDENT GRIFFO: Thank 11 you for the clarification, Senator Skelos. 12 The resolution offered by Senator 13 Aubertine regarding Fort Drum is available for 14 cosponsorship. If you choose not to cosponsor 15 the resolution, notify the desk. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could go to the noncontroversial reading 19 of the calendar. 20 ACTING PRESIDENT GRIFFO: The 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 41, by Senator Smith, Senate Print 4390, an 24 act to amend the Criminal Procedure Law, in 25 relation to admissibility.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 50. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 64, substituted earlier today by Member of the 14 Assembly Abbate, Assembly Print Number 9444A, 15 an act to amend the Retirement and Social 16 Security Law, in relation to mandatory 17 retirement age. 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: Ayes, 50.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 125, by Senator Volker, Senate Print 6680, an 5 act to amend the Civil Service Law, in 6 relation to resolution of disputes. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 5. 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, 50. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 204, by Senator O. Johnson, Senate Print 6517, 19 an act to amend the Tax Law, in relation to 20 certain sales of fuel. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 7. This 24 act shall take effect on the first day of the 25 sales tax quarterly period.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 50. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 303, by Senator Flanagan, Senate Print 684B, 9 an act to amend the Public Health Law, in 10 relation to prohibiting smoking at 11 playgrounds. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 50. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 304, by Senator Flanagan, Senate Print 690B, 24 an act to amend the Public Health Law, in 25 relation to making certain technical

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(518) 371-8910 1 amendments. 2 ACTING PRESIDENT GRIFFO: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 52. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 444, by Senator Fuschillo, Senate Print 6799B, 14 an act to create a course of instruction. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 7. This 18 act shall take effect on the 60th day. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 484, by Senator Skelos, Senate Print 5195, an 2 act to amend the Eminent Domain Procedure Law, 3 in relation to abandonment. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 563, substituted earlier today by Member of 16 the Assembly Sweeney, Assembly Print Number 17 10062, an act to amend Chapter 572 of the Laws 18 of 1994 amending the Public Health Law. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT GRIFFO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 52. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 571, by Senator Robach, Senate Print 3052A, an 6 act to amend the Executive Law, in relation to 7 prohibiting employers. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT GRIFFO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 52. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 643, by Senator Golden, Senate Print 4268A, an 20 act to amend the Criminal Procedure Law and 21 the Executive Law, in relation to disclosure. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect on the 90th day.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 643 are 6 Senators Duane and Montgomery. 7 Ayes, 50. Nays, 2. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 778, by Senator Trunzo, Senate Print 6690, an 12 act to amend the General Municipal Law, the 13 Town Law and the Village Law, in relation to 14 permitting. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 816, by Senator Golden, Senate Print 209, an 2 act to amend the Public Health Law, in 3 relation to sales and purchases. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 898, substituted earlier today by Member of 16 the Assembly Gunther, Assembly Print Number 17 1172, an act to amend the Agriculture and 18 Markets Law, in relation to transportation of 19 food. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 52. 3 ACTING PRESIDENT GRIFFO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 903, by Senator Farley, Senate Print 899B, an 7 act to amend the Education Law, in relation to 8 providing funding. 9 ACTING PRESIDENT GRIFFO: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect April 1, 2009. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 52. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 904, by Senator LaValle, Senate Print 932A, an 21 act authorizing the Temporary President of the 22 Senate and the Speaker of the Assembly to 23 commission. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 51. Nays, 7 1. Senator Montgomery recorded in the 8 negative. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 909, by Senator Robach, Senate Print 2978A, an 13 act to amend the Executive Law and the Social 14 Services Law, in relation to authorizing. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT GRIFFO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 52. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 923, by Senator C. Kruger, Senate Print 7536, 2 an act to amend the Social Services Law, in 3 relation to persons credentialed. 4 ACTING PRESIDENT GRIFFO: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT GRIFFO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 Senator Skelos, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR SKELOS: Thank you, 17 Mr. President. 18 If we could return to reports of 19 standing committees for the report of the 20 Rules Committee. 21 ACTING PRESIDENT GRIFFO: The 22 Secretary will read the report of the Rules 23 Committee. 24 THE SECRETARY: Senator Bruno, 25 from the Committee on Rules, reports the

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(518) 371-8910 1 following bills: 2 Senate Print 7314A, by Senator 3 Hannon, an act to authorize the Levittown 4 Union Free School District; 5 And Senate Print 7714, by Senator 6 Padavan, an act to amend the Real Property Tax 7 Law. 8 Both bills ordered direct to third 9 reading. 10 Senator Skelos. 11 SENATOR SKELOS: Move to accept 12 the report of the Rules Committee. 13 ACTING PRESIDENT GRIFFO: All in 14 favor of accepting the report of the Rules 15 Committee signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT GRIFFO: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT GRIFFO: The 21 report is received. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could take up those two bills now, 25 noncontroversial.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 1103, by Senator Hannon, Senate Print 7314A, 5 an act to authorize the Levittown Union Free 6 School District to transfer. 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, 52. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1104, by Senator Padavan, Senate Print 7714, 19 an act to amend the Real Property Tax Law, in 20 relation to partial abatement. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 7. This 24 act shall take effect immediately. 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, 52. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 Senator Skelos, that completes the 7 reading of the Rules calendar. 8 SENATOR SKELOS: Is there any 9 further business at the desk? 10 ACTING PRESIDENT GRIFFO: There 11 is none. 12 SENATOR SKELOS: There being 13 none, I move we stand adjourned until Tuesday, 14 May 13th, at 3:00 p.m. 15 ACTING PRESIDENT GRIFFO: On 16 motion, the Senate stands adjourned until 17 Tuesday, May 13th, at 3:00 p.m. 18 (Whereupon, at 3:20 p.m., the 19 Senate adjourned.) 20 21 22 23 24 25

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(518) 371-8910