April 30, 2008

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Date: 04/30/2008 Session: Regular

1695 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 30, 2008 11 11:07 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH ROBACH, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 1696 1 P R O C E E D I N G S 2 ACTING PRESIDENT ROBACH: 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 ROBACH: In the 10 absence of clergy, may we bow our heads for a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT ROBACH: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, April 29, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 28, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT ROBACH: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. (518) 371-8910 1697 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Johnson, 5 from the Committee on Finance, reports the 6 following nominations: 7 As a member of the Public 8 Employment Relations Board, Robert Hite, of 9 Albany; 10 As a member of the State 11 Environmental Board, Luis Garden Acosta, of 12 Brooklyn; 13 As a member of the Empire State 14 Plaza Art Commission, Hilary Dunne Ferrone, of 15 Spencertown; 16 As a member of the Central New York 17 State Park, Recreation and Historic 18 Preservation Commission, John D. Marsellus, of 19 Fayetteville; 20 As members of the Finger Lakes 21 State Parks, Recreation and Historic 22 Preservation Commission, Walter David 23 Banfield, of Ithaca; Mary Ann Burns, of 24 Smithboro; Richard Reidy, of Elmira; and Amy 25 H. Wilson, of Elmira; Candyco Transcription Service, Inc. (518) 371-8910 1698 1 As a member of the Long Island

2 State Park, Recreation and Historic 3 Preservation Commission, Paul J. Tonna, of 4 Huntington; 5 As a member of the Niagara Frontier 6 State Park, Recreation and Historic 7 Preservation Commission, Lucinda Abbott Letro, 8 of Buffalo; 9 As a member of the State Park, 10 Recreation and Historic Preservation 11 Commission for the City of New York, Janet 12 Felleman, of New York City; 13 As a member of the Saratoga-Capital 14 District State Park, Recreation and Historic 15 Preservation Commission, Mark T. Ryan, of 16 Mechanicville; 17 As members of the Veterans' Affairs 18 Commission, James R. Edgar, of Schenectady; 19 Michelle R. Lindsay, of Stillwater; and Kevin 20 G. McKenna, of Wynantskill; 21 As members of the Mental Health 22 Services, Eli B. Hoch, Ph.D., of Rego Park; 23 Neville B. Morris, of Endwell; and Moira A. 24 Rynn, of Manhattan; 25 As a member of the Board of Candyco Transcription Service, Inc. (518) 371-8910 1699 1 Visitors of the New York State Home for 2 Veterans and their Dependents at Batavia, 3 Charles R. Sickmond, of Bergen; 4 As a member of the Board of

5 Visitors of the Central New York Developmental 6 Disabilities Services Office, Roger A. Benn, 7 of Cazenovia; 8 As a member of the Board of 9 Visitors of the St. Lawrence Psychiatric 10 Center, Orman D. Bomyea, of Malone; 11 And as a member of the Board of 12 Visitors of the New York State Home for 13 Veterans and their Dependents at Oxford, John 14 DePersis, of Johnson City. 15 ACTING PRESIDENT ROBACH: Senator 16 O. Johnson, in regard to the nominations. 17 SENATOR OWEN JOHNSON: Move the 18 nominations. 19 ACTING PRESIDENT ROBACH: We will 20 move the nominations as read by the Secretary. 21 All in favor of the nominations signify by 22 saying aye. 23 (Response of "Aye.") 24 ACTING PRESIDENT ROBACH: 25 Opposed, nay. Candyco Transcription Service, Inc. (518) 371-8910 1700 1 (No response.) 2 ACTING PRESIDENT ROBACH: The 3 nominations are therefore confirmed. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions.

8 Senator Skelos. 9 SENATOR SKELOS: Are there any 10 substitutions at the desk? 11 ACTING PRESIDENT ROBACH: We have 12 two substitutions. 13 SENATOR SKELOS: If we can make 14 them at this time, please. 15 ACTING PRESIDENT ROBACH: The 16 Secretary will read. 17 THE SECRETARY: On page 30, 18 Senator Volker moves to discharge, from the 19 Committee on Codes, Assembly Bill Number 8647C 20 and substitute it for the identical Senate 21 Bill Number 3166F, Third Reading Calendar 637. 22 And on page 37, Senator Volker 23 moves to discharge, from the Committee on 24 Local Government, Assembly Bill Number 8388B 25 and substitute it for the identical Senate Candyco Transcription Service, Inc. (518) 371-8910 1701 1 Bill Number 5561B, Third Reading Calendar 776. 2 ACTING PRESIDENT ROBACH: The 3 substitutions are ordered. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could adopt the Resolution Calendar at 7 this time. 8 ACTING PRESIDENT ROBACH: All in 9 favor of adopting the Resolution Calendar 10 signify by saying aye.

11 (Response of "Aye.") 12 ACTING PRESIDENT ROBACH: Any 13 opposed, nay. 14 (No response.) 15 ACTING PRESIDENT ROBACH: The 16 Resolution Calendar is adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could go to the noncontroversial reading 20 of the calendar. 21 ACTING PRESIDENT ROBACH: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 449, by Senator Larkin, Senate Print 4497A, an 25 act to direct the Commissioner of Education. Candyco Transcription Service, Inc. (518) 371-8910 1702 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT ROBACH: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 46. 9 ACTING PRESIDENT ROBACH: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 453, by Senator Bonacic, Senate Print 6455A, 13 an act authorizing the Commissioner of

14 Education to disregard a reduction. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 47. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1703 1 456, by Senator Seward, Senate Print 6985, an 2 act providing for the creation of a temporary 3 special advisory panel. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 47. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 500, by Senator Maziarz, Senate Print 2308, an 16 act to amend the Environmental Conservation

17 Law, in relation to regulatory program fees. 18 ACTING PRESIDENT ROBACH: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 47. Candyco Transcription Service, Inc. (518) 371-8910 1704 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 522, by Senator Bonacic, Senate Print 6903A, 5 an act to amend the Highway Law, in relation 6 to designating. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 48. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 637, substituted earlier by Member of the 19 Assembly Weinstein, Assembly Print Number

20 8647C, an act to amend the Civil Practice Law 21 and Rules, in relation to orders of 22 attachment. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 1705 1 act shall take effect on the first of January 2 next succeeding. 3 ACTING PRESIDENT ROBACH: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 48. 7 ACTING PRESIDENT ROBACH: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 703, by Senator Libous, Senate Print 3570, an 11 act to amend the Public Authorities Law, in 12 relation to conforming. 13 ACTING PRESIDENT ROBACH: Read 14 the last section. 15 THE SECRETARY: Section 6. This 16 act shall take effect on the 120th day. 17 ACTING PRESIDENT ROBACH: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT ROBACH: Senator 21 Duane, to explain his vote. 22 SENATOR DUANE: Thank you,

23 Mr. President. 24 I'm going to vote against this bill 25 because one of the provisions allows for the Candyco Transcription Service, Inc. (518) 371-8910 1706 1 suspension of a car's registration due to 2 unpaid toll collections. 3 You know, many New Yorkers are 4 living in one-car families. And particularly 5 with the increased price of gasoline, I think 6 it's going to become even more prevalent as 7 time goes on. But even today, many 8 New Yorkers live in a one-car family. And if 9 we take away the registration for a car, it 10 means that family members may not be able to 11 go to work or a doctor's appointment or to 12 bring a child to daycare. 13 And, you know, I don't care if we 14 charge fines for not paying tolls. But the 15 harshness of taking away a registration and 16 the potentially devastating economic impact 17 that could have on an entire family I think is 18 too harsh. 19 So I'm going to be voting no on 20 this bill, with the hope that at least the 21 provision of the removal of the registration 22 will be taken away, and then I could in good 23 conscience vote for it. But to make it 24 impossible for a family to use a car for 25 health reasons or for a job I think is just

Candyco Transcription Service, Inc. (518) 371-8910 1707 1 not appropriate. 2 So I'll be voting no, and I do urge 3 my colleagues also to vote no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT ROBACH: Senator 6 Duane, you will be recorded in the negative. 7 Announce the results. 8 THE SECRETARY: Ayes, 49. Nays, 9 2. Senators Adams and Duane recorded in the 10 negative. 11 ACTING PRESIDENT ROBACH: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 745, by Senator Sampson, Senate Print 115, an 15 act to amend the Penal Law, in relation to 16 changing sexual abuse in the second degree. 17 ACTING PRESIDENT ROBACH: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT ROBACH: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 51. 25 ACTING PRESIDENT ROBACH: The Candyco Transcription Service, Inc. (518) 371-8910 1708 1 bill is passed.

2 THE SECRETARY: Calendar Number 3 776, substituted earlier today by Member of 4 the Assembly Gabryszak, Assembly Print Number 5 8388B, an act to authorize the County of Erie. 6 ACTING PRESIDENT ROBACH: A 7 home-rule message is at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 ACTING PRESIDENT ROBACH: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 784, by Senator DeFrancisco, Senate Print 19 6951, an act to amend the Real Property Tax 20 Law, in relation to volunteer firefighters. 21 ACTING PRESIDENT ROBACH: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT ROBACH: Call Candyco Transcription Service, Inc. (518) 371-8910 1709 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 ACTING PRESIDENT ROBACH: The

5 bill is passed. 6 THE SECRETARY: Calendar Number 7 790, by Senator LaValle, Senate Print 815, an 8 act to amend the Mental Hygiene Law, in 9 relation to a pilot program. 10 ACTING PRESIDENT ROBACH: Read 11 the last section. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT ROBACH: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 52. Nays, 18 1. Senator L. Krueger recorded in the 19 negative. 20 ACTING PRESIDENT ROBACH: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 792, by Senator Rath, Senate Print 2964, an 24 act to amend the Alcoholic Beverage Control 25 Law, in relation to unlawful possession. Candyco Transcription Service, Inc. (518) 371-8910 1710 1 ACTING PRESIDENT ROBACH: Read 2 the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 180th day. 5 ACTING PRESIDENT ROBACH: Call 6 the roll. 7 (The Secretary called the roll.)

8 THE SECRETARY: Ayes, 53. 9 ACTING PRESIDENT ROBACH: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 810, by Senator Volker, Senate Print 5763, an 13 act to amend the Criminal Procedure Law, in 14 relation to post-indictment issuance. 15 ACTING PRESIDENT ROBACH: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT ROBACH: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 ACTING PRESIDENT ROBACH: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1711 1 814, by Senator DeFrancisco, Senate Print 2 7446, an act to amend the Executive Law, in 3 relation to missing and vulnerable adults. 4 ACTING PRESIDENT ROBACH: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT ROBACH: Call 9 the roll. 10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT ROBACH: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 829, by Senator Maltese, Senate Print 808, an 16 act to amend the Public Officers Law, in 17 relation to the residence of deputy sheriffs. 18 ACTING PRESIDENT ROBACH: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT ROBACH: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53. Candyco Transcription Service, Inc. (518) 371-8910 1712 1 ACTING PRESIDENT ROBACH: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 835, by Senator Lanza, Senate Print 4381, an 5 act to amend the Penal Law, in relation to 6 criminal street gang recruitment. 7 ACTING PRESIDENT ROBACH: Read 8 the last section. 9 THE SECRETARY: Section 4. This 10 act shall take effect on the 60th day. 11 ACTING PRESIDENT ROBACH: Call 12 the roll. 13 (The Secretary called the roll.)

14 THE SECRETARY: Ayes, 51. Nays, 15 2. Senators Duane and Montgomery recorded in 16 the negative. 17 ACTING PRESIDENT ROBACH: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 850, by Senator Trunzo, Senate Print 886, an 21 act to amend the Vehicle and Traffic Law, in 22 relation to speeding. 23 ACTING PRESIDENT ROBACH: Read 24 the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 1713 1 act shall take effect on the 180th day. 2 ACTING PRESIDENT ROBACH: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 51. Nays, 6 2. Senators Duane and Montgomery recorded in 7 the negative. 8 ACTING PRESIDENT ROBACH: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 852, by Senator Padavan, Senate Print 1844, an 12 act to amend the Vehicle and Traffic Law and 13 the Administrative Code of the City of 14 New York, in relation to conversion. 15 ACTING PRESIDENT ROBACH: A local 16 fiscal impact note is at the desk.

17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT ROBACH: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 55. 24 ACTING PRESIDENT ROBACH: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 1714 1 THE SECRETARY: Calendar Number 2 853, by Senator Larkin, Senate Print 1919, an 3 act to amend the Vehicle and Traffic Law, in 4 relation to tow truck operator safety. 5 ACTING PRESIDENT ROBACH: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT ROBACH: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT ROBACH: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 854, by Senator Fuschillo, Senate Print 4296, 17 an act to amend the Vehicle and Traffic Law, 18 in relation to establishing. 19 ACTING PRESIDENT ROBACH: A

20 home-rule message is at the desk. 21 Read the last section. 22 THE SECRETARY: Section 7. This 23 act shall take effect immediately. 24 ACTING PRESIDENT ROBACH: Call 25 the roll. Candyco Transcription Service, Inc. (518) 371-8910 1715 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT ROBACH: The 4 bill is passed. 5 Senator Volker, that completes the 6 reading of the noncontroversial calendar. 7 SENATOR VOLKER: Is there any 8 further business at the desk? 9 ACTING PRESIDENT ROBACH: There 10 is not. 11 SENATOR VOLKER: There being no 12 further business, I move we adjourn until 13 Monday, May 5th, at 3:00 p.m., intervening 14 days being legislative days. 15 ACTING PRESIDENT ROBACH: On 16 motion, the Senate stands adjourned until 17 Monday, May 5th, at 3:00 p.m., intervening 18 days being legislative days. 19 (Whereupon, at 11:23 a.m., the 20 Senate adjourned.) 21 22

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