Tuesday, May 20, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 20, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR MICHAEL F. NOZZOLIO, 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 NOZZOLIO: 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 NOZZOLIO: The 10 Reverend Peter G. Young, Mother Theresa 11 Community, will provide the benediction. 12 Reverend Young. 13 REVEREND YOUNG: Thank you very 14 much, Senator. 15 Coming up to the chamber today, I 16 was requested to pray for the Yankees, but I 17 said I have to be here only to pray for those 18 that are in dedicated state service. 19 And by being a Senator, you have 20 been accepted into the leadership position so 21 that you can more fully serve the people of 22 New York State. 23 In this spirit of community and 24 prayer today, it will be better to achieve the 25 goal of dedicated representation in the power

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(518) 371-8910 1 that is entrusted to all of our state 2 legislators and leadership. May you attain 3 satisfaction in your services to all of your 4 constituents. 5 We ask You this now and forever. 6 Amen. 7 ACTING PRESIDENT NOZZOLIO: 8 Reading of the Journal. 9 THE SECRETARY: In Senate, 10 Monday, May 19, the Senate met pursuant to 11 adjournment. The Journal of Sunday, May 18, 12 was read and approved. On motion, Senate 13 adjourned. 14 ACTING PRESIDENT NOZZOLIO: 15 Without objection, the Journal stands approved 16 as read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 The Secretary shall read the report 22 of the Senate Finance Committee. 23 THE SECRETARY: Senator O. 24 Johnson, from the Committee on Finance, 25 reports the following nominations.

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(518) 371-8910 1 As a member of the Metropolitan 2 Transportation Authority, Doreen M. Frasca, of 3 New York City. 4 ACTING PRESIDENT NOZZOLIO: 5 Senator Johnson, to move the nomination. 6 SENATOR OWEN JOHNSON: Move the 7 nomination. 8 ACTING PRESIDENT NOZZOLIO: The 9 nomination of Doreen Frasca has been moved. 10 Senator Sabini. 11 SENATOR SABINI: Thank you, 12 Mr. President. 13 I wanted to rise in support of this 14 nomination and congratulate the Governor for 15 his wisdom. 16 The MTA is an entity that is the 17 lifeblood or really is the circulatory system 18 for, I believe, much of the state's economy. 19 Because if New York City and its suburbs don't 20 move and people can't get to work, then we're 21 in bigger trouble than we are now. 22 And the MTA's finances are always 23 one that are under scrutiny. I believe the 24 management that's been put there now is a 25 better management, under Lee Sander and his

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(518) 371-8910 1 team. They're trying lots of innovative 2 things. 3 But in the nomination of Doreen 4 Frasca we have someone who has a great 5 background in municipal finance, in the way 6 government works. She will be an asset to the 7 MTA board. 8 She has been patiently waiting for 9 this appointment to come through, since she's 10 been up here a couple of times. 11 And I wanted to wholeheartedly say 12 that I support her nomination and look forward 13 to a productive term on the MTA board. 14 ACTING PRESIDENT NOZZOLIO: Thank 15 you, Senator Sabini. 16 On the nomination of Doreen Frasca, 17 of New York City, for a term on the 18 Metropolitan Transportation Authority, all 19 those in favor of the nomination signify by 20 saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT NOZZOLIO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT NOZZOLIO: The

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(518) 371-8910 1 nomination is hereby confirmed. 2 Congratulations, Ms. Frasca, as a 3 member of the Metropolitan Transportation 4 Authority. Congratulations. 5 (Applause.) 6 ACTING PRESIDENT NOZZOLIO: The 7 Secretary shall read. 8 THE SECRETARY: As a member of 9 the Niagara Frontier Transportation Authority, 10 Howard A. Zemsky, of Buffalo. 11 As a member of the Ogdensburg 12 Bridge and Port Authority, Frederick J. 13 Carter, of Ogdensburg. 14 As commissioner of the Port 15 Authority of New York and New Jersey, H. 16 Sidney Holmes III, of New York City. 17 As members of the Port of Oswego 18 Authority, Thomas W. Gillen, of Oswego, and 19 Terrence Michael Hammill, of Oswego. 20 As a member of the Empire State 21 Plaza Art Commission, Judith A. Barnes, Ph.D., 22 of Albany. 23 As a member of the Stewart Airport 24 Commission, James Kulisek, of Newburgh. 25 As a member of the Thousand Islands

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(518) 371-8910 1 State Park, Recreation and Historic 2 Preservation Commission, Michael J. Geiss, of 3 Clayton. 4 As a member of the Veterans' 5 Affairs Commission, Rebecca C. Keough, of 6 Fayetteville. 7 As a member of the Board of 8 Visitors of the Creedmoor Psychiatric Center, 9 Henry Lee Kau, of Flushing. 10 And as a member of the Board of 11 Visitors of the Kingsboro Psychiatric Center, 12 Robert C. Mayo, DDS, of Brooklyn. 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Johnson. 15 SENATOR OWEN JOHNSON: Move all 16 the nominations. 17 ACTING PRESIDENT NOZZOLIO: The 18 question is on the nominations as read by the 19 Secretary. All in favor signify by saying 20 aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT NOZZOLIO: All 23 opposed say nay. 24 (No response.) 25 ACTING PRESIDENT NOZZOLIO: The

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(518) 371-8910 1 nominees are hereby confirmed. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Fuschillo. 7 SENATOR FUSCHILLO: Thank you, 8 Mr. President. 9 On behalf of Senator Bonacic, on 10 page number 27 I offer the following 11 amendments to Calendar Number 553, Senate 12 Print Number 6755, and ask that said bill 13 retain its place on Third Reading Calendar. 14 ACTING PRESIDENT NOZZOLIO: The 15 amendments are received and adopted, and the 16 bill shall retain its place on the Third 17 Reading Calendar. 18 SENATOR FUSCHILLO: Mr. 19 President, on behalf of Senator DeFrancisco, I 20 wish to call up Senate Print Number 1829B, 21 recalled from the Assembly, which is now at 22 the desk. 23 ACTING PRESIDENT NOZZOLIO: The 24 Secretary shall read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 545, by Senator DeFrancisco, Senate Print 2 1829B, an act to amend the Penal Law. 3 SENATOR FUSCHILLO: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT NOZZOLIO: The 7 Secretary will call the roll on 8 reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 49. 11 SENATOR FUSCHILLO: I now offer 12 the following amendments. 13 ACTING PRESIDENT NOZZOLIO: The 14 amendments are received and adopted. 15 SENATOR FUSCHILLO: Mr. 16 President, on behalf of Senator Bruno, I wish 17 to call up Concurrent Resolution Number 5964, 18 recalled from the Assembly, which is now at 19 the desk. 20 ACTING PRESIDENT NOZZOLIO: The 21 Secretary shall read. 22 THE SECRETARY: By Senator Bruno, 23 Concurrent Resolution Number 5964. 24 SENATOR FUSCHILLO: I now move to 25 reconsider the vote by which the concurrent

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(518) 371-8910 1 resolution was adopted on May 19, 2008. 2 ACTING PRESIDENT NOZZOLIO: Call 3 the roll on reconsideration. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 54. 6 SENATOR FUSCHILLO: I now move to 7 commit the concurrent resolution to the 8 Committee on Rules. 9 ACTING PRESIDENT NOZZOLIO: So 10 ordered. 11 SENATOR FUSCHILLO: Thank you. 12 ACTING PRESIDENT NOZZOLIO: 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, I 15 believe there are three substitutions at the 16 desk, if we could make them at this time. 17 ACTING PRESIDENT NOZZOLIO: The 18 Secretary shall read. 19 THE SECRETARY: On page 29, 20 Senator Bonacic moves to discharge, from the 21 Committee on Finance, Assembly Bill Number 22 9297A and substitute it for the identical 23 Senate Bill Number 6379A, Third Reading 24 Calendar 584. 25 On page 59, Senator Fuschillo moves

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(518) 371-8910 1 to discharge, from the Committee on Consumer 2 Protection, Assembly Bill Number 10625 and 3 substitute it for the identical Senate Bill 4 Number 7895, Third Reading Calendar 1149. 5 And on page 62, Senator Padavan 6 moves to discharge, from the Committee on 7 Civil Service and Pensions, Assembly Bill 8 Number 9391A and substitute it for the 9 identical Senate Bill Number 6403, Third 10 Reading Calendar 1174. 11 ACTING PRESIDENT NOZZOLIO: 12 Substitutions so ordered. 13 Senator Bonacic. 14 SENATOR BONACIC: Thank you, 15 Mr. President. 16 On behalf of myself, Senator 17 Bonacic, on page number 56 I offer the 18 following amendments to Calendar Number 1118, 19 Senate Print Number 4022, and ask that the 20 bill retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT NOZZOLIO: The 23 amendments are received and adopted, and the 24 bill shall retain its place on the Third 25 Reading Calendar.

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(518) 371-8910 1 Senator Bonacic. 2 SENATOR BONACIC: Thank you, 3 Mr. President. 4 On behalf of myself again, on page 5 number 21 I offer the following amendments to 6 Calendar Number 375, Senate Bill 5514, and ask 7 that that bill retain its place on the Third 8 Reading Calendar. 9 ACTING PRESIDENT NOZZOLIO: The 10 amendments are received and adopted, and the 11 bill shall retain its place on Third Reading 12 Calendar. 13 SENATOR BONACIC: Thank you, 14 Mr. President. 15 ACTING PRESIDENT NOZZOLIO: 16 Senator Bonacic. 17 SENATOR BONACIC: And last but 18 not least, on behalf of Senator Morahan, on 19 page 54 I offer the following amendments to 20 Calendar Number 1092, Senate Print Number 21 4475A, and ask that that bill retain its place 22 on the Third Reading Calendar. 23 ACTING PRESIDENT NOZZOLIO: The 24 amendments are received and adopted, and the 25 bill shall retain its place on the Third

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(518) 371-8910 1 Reading Calendar. 2 SENATOR BONACIC: Thank you, 3 Mr. President. 4 ACTING PRESIDENT NOZZOLIO: Thank 5 you, Senator Bonacic. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 if we could adopt the Resolution Calendar, 9 with the exception of Resolutions 5919, 6002, 10 6005, 5945, 5930, 5931, and 5932. 11 ACTING PRESIDENT NOZZOLIO: All 12 in favor of adopting the Resolution Calendar, 13 with the exception of the resolutions read by 14 Senator Skelos, signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT NOZZOLIO: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT NOZZOLIO: The 20 Resolution Calendar is adopted. 21 Senator Skelos. 22 SENATOR SKELOS: If we could take 23 up Resolution Number 5930, have the title 24 read, and move for its immediate adoption. 25 ACTING PRESIDENT NOZZOLIO: The

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(518) 371-8910 1 Secretary shall read. 2 THE SECRETARY: By Senator 3 Flanagan, Legislative Resolution Number 5930, 4 memorializing Governor David A. Paterson to 5 proclaim the week of May 19-23, 2008, as 6 Marrow Donor Awareness Week in New York State. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Flanagan. 9 SENATOR FLANAGAN: Thank you, 10 Mr. President. Just briefly on the 11 resolution. 12 This is Bone Marrow Donor Awareness 13 Week here in the State of New York. But there 14 are two other resolutions that I just wanted 15 to touch on. 16 There's a young man named Zacceus 17 who is going to be donating his own bone 18 marrow -- he's an 8-year-old boy -- to his 19 4-year-old sister. 20 This is historic, it's wonderful, 21 and it's frankly the kind of thing that we 22 need to be talking about, because this is 23 something that actually makes a very positive 24 difference in people's lives -- and frankly, 25 in this young girl's case, probably is going

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(518) 371-8910 1 for save her life. 2 Tonight we have the Bowl-A-Thon 3 again. I happen to be the cochair, along with 4 Assemblyman Aubry from the Assembly. 5 And for those of you who may not 6 have had the opportunity to get in the Bone 7 Marrow Registry, it's actually very easy. You 8 literally -- all you have to do is they take a 9 cotton swab on the inside of your mouth. No 10 more, no less. Takes five seconds; anybody 11 can do it. 12 Because of the work of the folks 13 here in both houses, since 2000 we have raised 14 $176,000 towards the foundation, and they have 15 added 1100 people to the registry. 16 It's a very simple thing. It saves 17 people's lives. It may take you a minute, at 18 best. If you can do it, great; you can make a 19 difference. 20 Thank you. 21 ACTING PRESIDENT NOZZOLIO: Thank 22 you, Senator Flanagan. 23 Anyone else wishing to speak on the 24 resolution? 25 The question is on the resolution.

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(518) 371-8910 1 All in favor signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT NOZZOLIO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT NOZZOLIO: The 7 resolution is adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 Senator Flanagan also has Resolution 5931 at 11 the desk. If we could have the title read and 12 move for its immediate adoption. 13 ACTING PRESIDENT NOZZOLIO: The 14 Secretary shall read. 15 THE SECRETARY: By Senator 16 Flanagan, Legislative Resolution Number 5931, 17 commending and paying tribute to Zacceus 18 Cancer, in recognition of his heroic act in 19 donating his bone marrow to his little sister 20 and giving the gift of life. 21 ACTING PRESIDENT NOZZOLIO: The 22 question is on the resolution. All in favor 23 signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT NOZZOLIO:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT NOZZOLIO: The 4 resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 Senator Flanagan's Resolution 5932 is at the 8 desk. If we could have the title read, move 9 for its immediate adoption, and open it up for 10 cosponsorship. 11 ACTING PRESIDENT NOZZOLIO: The 12 Secretary shall read. 13 THE SECRETARY: By Senator 14 Flanagan, Legislative Resolution Number 5932, 15 honoring the National Marrow Donor Program, 16 the Marrow Foundation, and Link to Life 17 Network for their continued success in saving 18 lives and their devoted service to mankind. 19 ACTING PRESIDENT NOZZOLIO: The 20 question is on the resolution. All in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT NOZZOLIO: 24 Opposed, nay. 25 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: The 2 resolution is adopted. 3 Senator Flanagan has opened the 4 resolution for cosponsorship. Anyone not 5 wishing to cosponsor it please advise the 6 desk. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 Senator Fuschillo has a resolution at the 10 desk, 5945. If we could have the title read, 11 move for its immediate adoption, and open it 12 up for cosponsorship. 13 ACTING PRESIDENT NOZZOLIO: The 14 Secretary shall read. 15 THE SECRETARY: By Senator 16 Fuschillo, Legislative Resolution Number 5945, 17 commemorating the 60th Anniversary Celebration 18 of the founding of the State of Israel on 19 June 1, 2008. 20 ACTING PRESIDENT NOZZOLIO: The 21 question is on the resolution. All those in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT NOZZOLIO: 25 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT NOZZOLIO: The 3 resolution is adopted. 4 Senator Fuschillo has opened the 5 resolution for cosponsorship. Anyone not 6 wishing to cosponsor it please advise the 7 desk. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 Senator Libous has a resolution at the desk, 11 Number 5919. If we could have the title read, 12 move for its immediate adoption, and open it 13 up for cosponsorship. 14 ACTING PRESIDENT NOZZOLIO: The 15 Secretary shall read. 16 THE SECRETARY: By Senator 17 Libous, Legislative Resolution Number 5919, 18 commemorating the 2008 Special Olympics New 19 York Summer Games, to be held on June 12-14 in 20 Binghamton. 21 ACTING PRESIDENT NOZZOLIO: The 22 question is on the resolution. All those in 23 favor signify by saying aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT NOZZOLIO:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT NOZZOLIO: The 4 resolution is adopted. 5 Senator Libous has opened the 6 resolution for cosponsorship. Anyone not 7 wishing to cosponsor the resolution please 8 advise the desk. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 Resolution 6002, by Senator Volker, is at the 12 desk. If we could have the title read and 13 move for its immediate adoption. 14 ACTING PRESIDENT NOZZOLIO: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Volker, Legislative Resolution Number 6002, 18 mourning the death of the legendary John Long, 19 Sr., distinguished citizen and devoted member 20 of his community. 21 ACTING PRESIDENT NOZZOLIO: 22 Senator Volker. 23 SENATOR VOLKER: Mr. President, 24 John Long, Sr., was a friend of a great many 25 people in this Legislature. A close friend of

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(518) 371-8910 1 mine, but an even closer friend of former 2 Senator John Daly. It's hard to believe that 3 John died now in 1999 -- 4 ACTING PRESIDENT NOZZOLIO: 5 Senator Volker, will you please suffer an 6 interruption. 7 SENATOR VOLKER: Sure. 8 ACTING PRESIDENT NOZZOLIO: 9 There's too much conversation. Please come to 10 order. 11 Senator. 12 SENATOR VOLKER: Thank you. 13 One of the great characters in 14 really our state's history. Probably nobody 15 has done more for hunting, fishing, 16 conservation in this state than John Long. 17 The real reason that I wanted this 18 resolution today has to do with John Daly, it 19 has to do with the fact that John Long was 20 such a close friend of so many of us, but also 21 because I wanted to remind everybody that 22 tomorrow is the legislative service for 23 deceased members. 24 And we are trying to get as many 25 people there as we can. I would appreciate it

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(518) 371-8910 1 if any of you that could get there, get there, 2 because I think it's a great service and it's 3 something that is important to a great many of 4 us. 5 So I want to say that certainly -- 6 and by the way, anybody that would like to go 7 on John Long's -- we're going to present it to 8 his family and to the conservation group, 9 because he was really considered one of the 10 top people in the state's history. 11 So I thank everybody for their 12 patience. But I would appreciate it if 13 anybody who is here could come at 8 o'clock 14 tomorrow morning at St. Mary's Church. 15 Thank you. 16 ACTING PRESIDENT NOZZOLIO: Thank 17 you, Senator Volker. 18 Senator Skelos. 19 SENATOR SKELOS: If we could 20 adopt the resolution, please. 21 ACTING PRESIDENT NOZZOLIO: The 22 question is on the resolution mourning the 23 untimely death of a New Yorker who has 24 contributed a great amount to the sportsmen 25 and sportsmen's policies in New York State,

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(518) 371-8910 1 John Long. 2 All those in favor of the 3 resolution signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT NOZZOLIO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT NOZZOLIO: The 9 resolution is adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 Resolution Number 6005 is at the desk, by 13 Senator Sampson. If we could have the title 14 read, move for its immediate adoption, and 15 open it up for cosponsorship. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Volker will open up the John Long 18 resolution to all those who wish to cosponsor 19 it. Thank you, Senator Volker. 20 The Secretary will read. 21 THE SECRETARY: By Senator 22 Sampson, Legislative Resolution Number 6005, 23 mourning the death of Irena Sendler, a woman 24 of great character whose life exemplified the 25 highest ideals of humanity.

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: The 2 question is on the resolution by Senator 3 Sampson. All in favor signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT NOZZOLIO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT NOZZOLIO: The 9 resolution is adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Please recognize 12 Senator Fuschillo. 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Fuschillo. 15 SENATOR FUSCHILLO: Mr. 16 President, on behalf of Senator Owen Johnson, 17 I move that the following bill be discharged 18 from its respective committee and be 19 recommitted with instructions to strike the 20 enacting clause: Senate Print Number 4558A. 21 ACTING PRESIDENT NOZZOLIO: So 22 ordered. 23 SENATOR FUSCHILLO: Thank you. 24 ACTING PRESIDENT NOZZOLIO: Thank 25 you, Senator.

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(518) 371-8910 1 The Secretary shall read the 2 noncontroversial calendar. 3 THE SECRETARY: Calendar Number 4 584, substituted earlier today by Member of 5 the Assembly Gunther, Assembly Print Number 6 9297A, an act to amend the State Finance Law, 7 in relation to establishing. 8 ACTING PRESIDENT NOZZOLIO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT NOZZOLIO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 ACTING PRESIDENT NOZZOLIO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 845, by Senator Volker, Senate Print 7380, an 20 act to amend the Penal Law, in relation to 21 theft of services. 22 ACTING PRESIDENT NOZZOLIO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. 5 ACTING PRESIDENT NOZZOLIO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 889, by the Senate Committee on Rules -- 9 SENATOR SKELOS: Lay it aside for 10 the day, please. 11 ACTING PRESIDENT NOZZOLIO: The 12 bill is laid aside for the day. 13 THE SECRETARY: Calendar Number 14 902, by Senator Flanagan, Senate Print 839, an 15 act to amend the State Finance Law, in 16 relation to establishing. 17 ACTING PRESIDENT NOZZOLIO: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 90th day. 21 ACTING PRESIDENT NOZZOLIO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 ACTING PRESIDENT NOZZOLIO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1032, by Senator Farley, Senate Print 7148A, 4 an act in relation to special education 5 transportation contracts. 6 ACTING PRESIDENT NOZZOLIO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT NOZZOLIO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT NOZZOLIO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1054, by Senator Nozzolio -- 18 SENATOR SKELOS: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT NOZZOLIO: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 1111, by Senator C. Kruger, Senate Print 7343, 24 an act to amend the Family Court Act, in 25 relation to evidence.

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: Read 2 the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT NOZZOLIO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 ACTING PRESIDENT NOZZOLIO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1113, by Senator Young, Senate Print 7826A, an 13 act to amend the Executive Law, in relation to 14 reduction in staff. 15 ACTING PRESIDENT NOZZOLIO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT NOZZOLIO: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT NOZZOLIO: The 23 Secretary will announce the results. 24 THE SECRETARY: Those recorded in 25 the negative on Calendar Number 1113 are

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(518) 371-8910 1 Senators Dilan, Hassell-Thompson, Montgomery, 2 Parker and Perkins. 3 Ayes, 54. Nays, 5. 4 ACTING PRESIDENT NOZZOLIO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1125, by Senator Trunzo, Senate Print 3049, an 8 act to amend the Education Law, in relation to 9 payment of tuition and fees. 10 ACTING PRESIDENT NOZZOLIO: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the first of August. 14 ACTING PRESIDENT NOZZOLIO: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT NOZZOLIO: 18 Senator Golden, to explain his vote. 19 SENATOR GOLDEN: Thank you, 20 Mr. President. 21 I'd like to congratulate Senator 22 Trunzo for putting this bill forward, which 23 provides a nonresident student whose 24 noncustodial parent resides in New York may 25 choose New York as his or her residency for

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(518) 371-8910 1 the purpose of attending SUNY or CUNY and 2 therefore pay in-state tuition and fees. 3 Today in the audience we have many 4 students from Visitation Academy in Brooklyn, 5 New York. And we have Tara Reilly, who won 6 the contest for Senator for a Day. 7 And many of these students here 8 today will go on to attend SUNY and CUNY 9 colleges and go on to excel in what they would 10 want to be in future years. And we applaud 11 Visitation for coming here today and for 12 witnessing what transpires here in the 13 chambers. 14 And I congratulate the Senator for 15 putting this bill forward, and I vote aye. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Golden in the affirmative. 18 Senator Connor. 19 SENATOR CONNOR: Thank you, 20 Mr. President. 21 I'll vote for this, but this bill 22 raises a concern that I raised last year and I 23 can't figure out how we get around it. 24 The bill says that an out-of-state 25 student whose noncustodial parent lives in

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(518) 371-8910 1 New York State can go to SUNY or CUNY at the 2 in-state rate. That's fine and that's 3 admirable, as far as it goes. But it says 4 provided the noncustodial parent that lives in 5 New York State is not in arrears in child 6 support. 7 So now, if you have a deadbeat 8 parent who lives in New York, we're going to 9 punish the student, who doesn't live in 10 New York and didn't get the support, and we're 11 not going to cut them a break. 12 And I don't understand why we have 13 that in there. Because you're clearly not 14 rewarding the noncustodial parent, you're 15 rewarding the student when they come to 16 New York. Yet we're saying if you had a bad 17 parent, you can't come to school here at the 18 state rate. 19 And maybe New York State was at 20 fault. Maybe New York State, as part of the 21 interstate compact, didn't do a good job of 22 collecting child support from that 23 noncustodial parent who lives in our state. 24 And this bill would then say, that's okay, 25 let's punish that kid, let's punish the kid

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(518) 371-8910 1 who didn't get child support when they should 2 have by hitting them again over the head. 3 So I wish people would go back and 4 look at this bill and figure out how we can be 5 fair to this student. And it seems to me the 6 out-of-state student whose New-York-resident 7 noncustodial parent didn't pay child support 8 is more deserving of a little boost New York 9 State can give them than any other case. 10 So this bill has that big problem. 11 I don't know why we're punishing the student 12 whose parent didn't pay child support. 13 ACTING PRESIDENT NOZZOLIO: 14 Senator Connor, how do you vote? 15 SENATOR CONNOR: Aye. 16 ACTING PRESIDENT NOZZOLIO: 17 Senator Connor in the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 61. Nays, 21 0. 22 ACTING PRESIDENT NOZZOLIO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1127, by Senator Winner, Senate Print 3235A,

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(518) 371-8910 1 an act to amend the New York State Urban 2 Development Corporation Act, in relation to 3 creating. 4 ACTING PRESIDENT NOZZOLIO: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT NOZZOLIO: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 61. 12 ACTING PRESIDENT NOZZOLIO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1128, by Senator Lanza, Senate Print 3574A, an 16 act to amend the Tax Law, in relation to 17 exempting military personnel. 18 ACTING PRESIDENT NOZZOLIO: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT NOZZOLIO: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT NOZZOLIO:

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(518) 371-8910 1 Senator Connor, to explain his vote. 2 SENATOR CONNOR: Yes, 3 Mr. President, I'm going to support this bill 4 because I think our servicemen and women who 5 are fighting in wars deserve our support 6 because of the service they're rendering. 7 But I am concerned about the fact 8 that the war in Iraq commenced five years ago. 9 Should never have been started. There was no 10 danger to the United States. We were lied to, 11 we were lied to by the chief executive, who 12 said it was about weapons of mass destruction. 13 They've never found any. 14 We haven't made the United States 15 safer. We're still seeing our young men and 16 women in uniform suffering casualties and 17 death. Iraq is in chaos. There's no way out. 18 Mr. President, I'm voting for this 19 bill, but I think it's time we get out of Iraq 20 now. 21 ACTING PRESIDENT NOZZOLIO: 22 Senator Connor in the affirmative. 23 The Secretary shall announce the 24 results. 25 THE SECRETARY: Ayes, 62. Nays,

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(518) 371-8910 1 0. 2 ACTING PRESIDENT NOZZOLIO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1130, by Senator DeFrancisco, Senate Print 6 5092, an act to amend the Penal Law, in 7 relation to forfeiture proceedings. 8 ACTING PRESIDENT NOZZOLIO: Read 9 the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect on the 180th day. 12 ACTING PRESIDENT NOZZOLIO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT NOZZOLIO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1138, by Senator Larkin, Senate Print 7247, an 20 act to amend the Executive Law, in relation to 21 designating February 14th. 22 ACTING PRESIDENT NOZZOLIO: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 62. 5 ACTING PRESIDENT NOZZOLIO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1140, by Senator Griffo, Senate Print 7421, an 9 act to amend the State Finance Law, in 10 relation to donation. 11 ACTING PRESIDENT NOZZOLIO: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT NOZZOLIO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 62. 19 ACTING PRESIDENT NOZZOLIO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1149, substituted earlier today by Member of 23 the Assembly Pheffer, Assembly Print Number 24 10625, an act to amend the General Business 25 Law, in relation to disposal of records.

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(518) 371-8910 1 ACTING PRESIDENT NOZZOLIO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT NOZZOLIO: Call 6 the roll call. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 62. 9 ACTING PRESIDENT NOZZOLIO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1164, by Senator Farley, Senate Print 7811, an 13 act to amend the Public Officers Law, in 14 relation to residency requirements. 15 ACTING PRESIDENT NOZZOLIO: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT NOZZOLIO: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 62. 23 ACTING PRESIDENT NOZZOLIO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1174, substituted earlier today by Member of 2 the Assembly Abbate, Assembly Print Number 3 9391A, an act to amend the Civil Service Law, 4 in relation to dispute resolution. 5 ACTING PRESIDENT NOZZOLIO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT NOZZOLIO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 62. 13 ACTING PRESIDENT NOZZOLIO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1188, by Senator Maziarz, Senate Print 6697, 17 an act to amend the Real Property Tax Law, in 18 relation to authorizing use. 19 ACTING PRESIDENT NOZZOLIO: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT NOZZOLIO: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 62. 2 ACTING PRESIDENT NOZZOLIO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1190, by Senator Saland, Senate Print 7515, an 6 act to amend the Military Law, in relation to 7 the presentation of a flag. 8 ACTING PRESIDENT NOZZOLIO: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT NOZZOLIO: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 62. 16 ACTING PRESIDENT NOZZOLIO: The 17 bill is passed. 18 Senator Skelos, that completes the 19 reading of the noncontroversial calendar. 20 SENATOR SKELOS: Mr. President, 21 is there any further business at the desk? 22 ACTING PRESIDENT NOZZOLIO: No, 23 there is not. 24 SENATOR SKELOS: There being 25 none, I move we stand adjourned until

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(518) 371-8910 1 Wednesday, May 21st, at 11:00 a.m. 2 ACTING PRESIDENT NOZZOLIO: On 3 motion, the Senate stands adjourned until 4 Wednesday, May 21st, at 11:00 a.m. 5 (Whereupon, at 3:41 p.m., the 6 Senate adjourned.) 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