March 26 2008

Top of Form 1

Date: 03/26/2008 Session: Regular

882 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 26, 2008 11 3:08 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 Candyco Transcription Service, Inc. (518) 371-8910 883 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 all present to please rise 5 and repeat with me the Pledge of Allegiance to 6 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, today we will begin our 11 session by bowing our heads in a moment of 12 silence. 13 (Whereupon, the assemblage 14 respected a moment of silence.) 15 ACTING PRESIDENT GRIFFO: The 16 reading of the Journal. 17 THE SECRETARY: In Senate, 18 Tuesday, March 25, the Senate met pursuant to 19 adjournment. The Journal of Monday, March 24, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT GRIFFO: Without 23 objection, the Journal stands approved as 24 read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. (518) 371-8910 884 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Young. 9 SENATOR YOUNG: Thank you, 10 Mr. President. 11 I wish to call up Print Number 12 6687B, recalled from the Assembly, which is 13 now at the desk. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 323, by Senator Skelos, Senate Print 6687B, an 18 act to amend the Civil Practice Law and Rules. 19 ACTING PRESIDENT GRIFFO: Senator 20 Young. 21 SENATOR YOUNG: Mr. President, I 22 now move to reconsider the vote by which this 23 bill was passed. 24 ACTING PRESIDENT GRIFFO: The 25 Secretary will call the roll on Candyco Transcription Service, Inc. (518) 371-8910 885 1 reconsideration.

2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 39. 4 SENATOR YOUNG: Mr. President, I 5 now offer the following amendments. 6 ACTING PRESIDENT GRIFFO: The 7 amendments are received and adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 are there any substitutions at the desk? 11 ACTING PRESIDENT GRIFFO: There 12 are no substitutions presently. 13 SENATOR SKELOS: If we could 14 adopt the Resolution Calendar, with the 15 exception of Resolution 4860 at this time. 16 ACTING PRESIDENT GRIFFO: All in 17 favor of adopting the Resolution Calendar, 18 with the exception of Resolution 4860, signify 19 by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT GRIFFO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT GRIFFO: The 25 Resolution Calendar is adopted. Candyco Transcription Service, Inc. (518) 371-8910 886 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could take up Resolution 4860, by 4 Senator Serrano, have the title read, move for

5 its immediate adoption, and open it up for 6 cosponsorship. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Serrano, Legislative Resolution 4860, 11 memorializing Governor David A. Paterson to 12 declare 8 p.m. on Saturday, March 29, 2008, as 13 Earth Hour in the State of New York. 14 ACTING PRESIDENT GRIFFO: Senator 15 Serrano. 16 SENATOR SERRANO: Thank you, 17 Mr. President. 18 I come before you today to speak 19 about a very important resolution that I am 20 introducing. 21 In recent years, the scientific 22 community has reached a wide-ranging consensus 23 about global climate change and the effects it 24 will have on our world. Bold action was 25 necessary long ago. Candyco Transcription Service, Inc. (518) 371-8910 887 1 With a huge proportion of our 2 population living near the coast, New York 3 State stands to lose a great deal if sea 4 levels rise as predicted. Warmer temperatures 5 will also mean increasingly hot and possibly 6 deadly summers in our urban areas, along with 7 rapidly changing conditions that will hurt our

8 important agricultural base. 9 In my district, we have some 10 highest asthma rates in the country. This 11 will only get worse as temperatures rise, 12 leading to an increased smog in urban areas. 13 The Empire State has long been a 14 leader in this nation, and we must continue in 15 that role today. According to the 16 Environmental Advocates of New York, our state 17 is the eighth largest emitter of global 18 warming emissions in the United States. Our 19 emissions match that of many European nations 20 and, in 2001, were greater than 99 developing 21 countries combined. Obviously, the actions 22 that we take here in the Empire State are 23 important not only to our national context but 24 our global context. 25 So the question becomes, what can Candyco Transcription Service, Inc. (518) 371-8910 888 1 we do about this? This past year I learned of 2 an innovative course of action taken by our 3 friends Down Under. In 2007, Sydney, 4 Australia held the first-ever Earth Hour. By 5 turning off the lights, Sydneysiders 6 demonstrated how small individual actions, 7 when joined together, can combat global 8 warming. 9 Landmarks like the iconic Sydney 10 Opera House went dark for an hour, as some

11 57 percent of Sydney residents, or 2.2 million 12 people, participated. The local power company 13 attributed a 10.2 percent decrease in energy 14 usage over the hour, which was the equivalent 15 of taking 48,000 cars off the road. 16 Here in New York State, we are home 17 to some of the most loved landmarks in our 18 world, from Niagara Falls to the Statue of 19 Liberty. The effect of our turning off the 20 lights for an hour will be a momentous strike 21 against global climate change. 22 Although much more remains to be 23 done, I believe that taking part in Earth Hour 24 is an important step in the right direction, 25 and I hope that this will be the first step of Candyco Transcription Service, Inc. (518) 371-8910 889 1 many that we can take every hour on an Earth 2 Hour. 3 I respectfully request that this 4 house join me in supporting this resolution. 5 Let us join our friends from Tel Aviv to 6 Chicago to Sydney on March 29th, this 7 Saturday, at 8 p.m., in fighting this threat 8 to our planet. It is my hope that we will 9 continue to come together to ensure that 10 New York State remains on the cutting edge in 11 combatting climate change. 12 Thank you. 13 ACTING PRESIDENT GRIFFO: Thank

14 you, Senator Serrano. 15 The question is on the resolution. 16 All in favor of the resolution signify by 17 saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 resolution is adopted. 24 Again, I remind the members that 25 the resolution is open for cosponsorship. If Candyco Transcription Service, Inc. (518) 371-8910 890 1 you do not wish to be a cosponsor, please 2 notify the desk. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 there will be an immediate meeting of the 6 Finance Committee in the Majority Conference 7 Room. 8 ACTING PRESIDENT GRIFFO: There 9 will be an immediate meeting of the Finance 10 Committee in the Majority Conference Room. 11 The Senate will stand at ease. 12 (Whereupon, the Senate stood at 13 ease at 3:14 p.m.) 14 (Whereupon, the Senate reconvened 15 at 3:24 p.m.) 16 ACTING PRESIDENT GRIFFO: The

17 Senate will come to order. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 105, by Senator Larkin, Senate Print 186A, an Candyco Transcription Service, Inc. (518) 371-8910 891 1 act to amend the Public Health Law, in 2 relation to establishing. 3 SENATOR SKELOS: Lay it aside 4 temporarily, please. 5 ACTING PRESIDENT GRIFFO: The 6 bill is laid aside temporarily. 7 THE SECRETARY: Calendar Number 8 172, by Senator Padavan, Senate Print 65, an 9 act to amend the Real Property Law, in 10 relation to providing. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 2. 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, 53. 19 ACTING PRESIDENT GRIFFO: The

20 bill is passed. 21 THE SECRETARY: Calendar Number 22 190, by Senator Lanza, Senate Print 6431A, an 23 act to amend the Lien Law, in relation to the 24 sale of certain motor vehicles. 25 ACTING PRESIDENT GRIFFO: Read Candyco Transcription Service, Inc. (518) 371-8910 892 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 269, by Senator Flanagan, Senate Print 3611, 12 an act to amend the Business Corporation Law 13 and others, in relation to service of process. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 12. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. 22 ACTING PRESIDENT GRIFFO: The

23 bill is passed. 24 THE SECRETARY: Calendar Number 25 279, by Senator Maziarz, Senate Print 106A, an Candyco Transcription Service, Inc. (518) 371-8910 893 1 act to amend the Labor Law, in relation to job 2 protection for emergency service volunteers. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 54. 11 ACTING PRESIDENT GRIFFO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 297, by Senator DeFrancisco, Senate Print 15 3615A, an act to amend the Uniform Justice 16 Court Act, in relation to justices of criminal 17 courts. 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, 55.

Candyco Transcription Service, Inc. (518) 371-8910 894 1 ACTING PRESIDENT GRIFFO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 400, by Senator Young, Senate Print 367, an 5 act to amend the Social Services Law, in 6 relation to directing the Office of Temporary 7 and Disability Assistance. 8 ACTING PRESIDENT GRIFFO: Senator 9 Young. 10 SENATOR YOUNG: Thank you, 11 Mr. President. I'd like to explain my vote. 12 ACTING PRESIDENT GRIFFO: First, 13 the Secretary will read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT GRIFFO: Senator 20 Young, to explain her vote. 21 SENATOR YOUNG: Thank you, 22 Mr. President. 23 Currently, there are about 24 $640 million in this state of child support in 25 arrears. What that means is that there are Candyco Transcription Service, Inc. (518) 371-8910 895 1 $640 million in parental obligations and

2 responsibilities not being met. That's 3 $640 million of our children being hurt in 4 this state. And we need to do something about 5 it. 6 This bill amends the Social 7 Services Law to direct the state to prepare 8 and distribute a booklet advising the public 9 of rights and procedures in spousal and child 10 support cases. And that's important because 11 oftentimes parties involved in these cases do 12 not have legal counsel, they may not 13 understand the system. We need to be able to 14 help them get it cleared up so that we can 15 help the children who are being left behind. 16 So I appreciate my colleagues' 17 affirmative vote on this bill. Thank you, 18 Mr. President. 19 ACTING PRESIDENT GRIFFO: Senator 20 Young to be recorded in the affirmative. 21 Announce the results. 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT GRIFFO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 896 1 414, by Senator Saland, Senate Print 1086A, an 2 act to amend the Penal Law, the Executive Law, 3 and the Vehicle and Traffic Law, in relation 4 to offenses.

5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 13. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT GRIFFO: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 56. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 424, by Senator LaValle, Senate Print 3432A, 17 an act to amend the Penal Law and the 18 Correction Law, in relation to prohibiting sex 19 offenders. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 897 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 432, by Senator Marcellino, Senate Print

8 4368A, an act to amend the Tax Law, in 9 relation to making technical corrections. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 4. 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, 57. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 505, by Senator Bonacic, Senate Print 469, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to allowing volunteer firefighters. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 898 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, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 535, by Senator Larkin, Senate Print 644, an

11 act to amend the Penal Law, in relation to 12 forgery. 13 ACTING PRESIDENT GRIFFO: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of 17 November. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 543, by Senator Fuschillo, Senate Print 1540, Candyco Transcription Service, Inc. (518) 371-8910 899 1 an act to amend the Penal Law, in relation to 2 criminal impersonation. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 2. 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, 57. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed.

14 THE SECRETARY: Returning to 15 Calendar Number 105, Senate Print 186A, by 16 Senator Larkin, an act to amend the Public 17 Health Law. 18 ACTING PRESIDENT GRIFFO: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th day. 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT GRIFFO: Senator 24 Skelos. 25 SENATOR SKELOS: If we could just Candyco Transcription Service, Inc. (518) 371-8910 900 1 hold that bill up for a moment. 2 (Pause.) 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 57. Nays, 11 1. Senator Hassell-Thompson recorded in the 12 negative. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 Senator Skelos, that completes the 16 reading of the noncontroversial calendar.

17 SENATOR SKELOS: Mr. President, 18 if we could return to reports of standing 19 committees, for the report of the Finance 20 Committee. 21 ACTING PRESIDENT GRIFFO: Reports 22 of standing committees. 23 The Secretary will read. 24 THE SECRETARY: Senator Owen 25 Johnson, from the Committee on Finance, Candyco Transcription Service, Inc. (518) 371-8910 901 1 reports the following bills: 2 Senate Print 7241, Senate Budget 3 Bill, an act to amend Chapters 53 and 55 of 4 the Laws of 2007; 5 And Senate Print 7242, Senate 6 Budget Bill, an act to amend Chapter 57 of the 7 Laws of 2007. 8 Both bills ordered direct to third 9 reading. 10 ACTING PRESIDENT GRIFFO: Without 11 objection, both bills reported directly to 12 third reading. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could take up Calendar Number 604, 16 Senate Print 7241. 17 ACTING PRESIDENT GRIFFO: The 18 Secretary will read. 19 THE SECRETARY: In relation to

20 Calendar Number 604, Senator O. Johnson moves 21 to discharge, from the Committee on Finance, 22 Assembly Bill Number 10199 and substitute it 23 for the identical Senate Bill Number 7241, 24 Third Reading Calendar 604. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 902 1 substitution is so ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 604, by Member of the Assembly Silver, 5 Assembly Print Number 10199, an act to amend 6 Chapters 53 and 55 of the Laws of 2007 making 7 appropriations for the support of government. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. 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, 58. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 605, Senator O. Johnson moves 20 to discharge, from the Committee on Finance, 21 Assembly Bill Number 10200 and substitute it 22 for the identical Senate Bill Number 7242,

23 Third Reading Calendar 605. 24 ACTING PRESIDENT GRIFFO: The 25 substitution is so ordered. Candyco Transcription Service, Inc. (518) 371-8910 903 1 The Secretary will read the last 2 section. 3 THE SECRETARY: Calendar Number 4 605, by Member of the Assembly Silver, 5 Assembly Print Number 10200, an act to amend 6 Chapter 57 of the Laws of 2007 relating to 7 providing. 8 ACTING PRESIDENT GRIFFO: Read 9 the last section. 10 THE SECRETARY: Section 2. 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, 58. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 is there any further business at the desk? 21 ACTING PRESIDENT GRIFFO: There 22 is no further business at the desk. 23 SENATOR SKELOS: There being 24 none, I move we stand adjourned until 25 Thursday, March 27th, at 3:00 p.m.

Candyco Transcription Service, Inc. (518) 371-8910 904 1 ACTING PRESIDENT GRIFFO: On 2 motion, the Senate stands adjourned until 3 Thursday, March 27th, at 3:00 p.m. 4 (Whereupon, at 3:35 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910