March 27 2008

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Date: 03/27/2008 Session: Regular

905 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 27, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 906 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: 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 MARCELLINO: In 10 the absence of clergy, could we bow our heads 11 for a moment of silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, March 26, the Senate met pursuant 18 to adjournment. The Journal of Tuesday, 19 March 25, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. (518) 371-8910 907 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 Skelos. 8 SENATOR SKELOS: Mr. President, 9 if we could adopt the Resolution Calendar at 10 this time. 11 ACTING PRESIDENT MARCELLINO: All 12 in favor of adopting the Resolution Calendar 13 signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MARCELLINO: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MARCELLINO: The 19 Resolution Calendar is adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe there's a substitution to be made at 23 this time. 24 ACTING PRESIDENT MARCELLINO: The 25 Secretary will read the substitution, please. Candyco Transcription Service, Inc. (518) 371-8910 908 1 THE SECRETARY: On page 37,

2 Senator Hannon moves to discharge, from the 3 Committee on Health, Assembly Bill Number 4 10052 and substitute it for the identical 5 Senate Bill Number 6999, Third Reading 6 Calendar 562. 7 ACTING PRESIDENT MARCELLINO: The 8 substitution is ordered. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 if we could go to the noncontroversial reading 12 of the calendar. 13 ACTING PRESIDENT MARCELLINO: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 216, by Senator Maziarz, Senate Print 1629A, 17 an act to amend the Labor Law, in relation to 18 appointments. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 909 1 THE SECRETARY: Ayes, 40. Nays, 2 1. Senator Duane recorded in the negative. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed.

5 THE SECRETARY: Calendar Number 6 314, by Senator Robach, Senate Print 1703A, an 7 act to amend the Criminal Procedure Law and 8 the Vehicle and Traffic Law, in relation to 9 aggravated unlicensed operation. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 41. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 442, by Senator Golden, Senate Print 6180A, an 22 act to amend the Military Law, in relation to 23 enacting the Public Servant Soldier Salary 24 Act. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 910 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the 120th day. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll, please. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 41.

8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 443, by Senator Golden, Senate Print 6772, an 12 act to amend the Military Law, in relation to 13 the salary of certain city employees. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the same date as a 18 chapter of the Laws of 2008. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 41. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 911 1 451, by Senator Padavan, Senate Print 5868, an 2 act to amend the Education Law, in relation to 3 anniversary day. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll, please. 10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 40. Nays, 12 1. Senator Hassell-Thompson recorded in the 13 negative. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 462, by Senator Bruno, Senate Print 6286, an 18 act to authorize the Town of Malta. 19 ACTING PRESIDENT MARCELLINO: 20 There is a home-rule message at the desk. 21 Read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. Candyco Transcription Service, Inc. (518) 371-8910 912 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 41. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 502, by Senator Young, Senate Print 365, an 7 act to amend the Highway Law, in relation to 8 permitting. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO:

14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 42. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 506, by Senator Trunzo, Senate Print 561, an 21 act to amend the Vehicle and Traffic Law, in 22 relation to penalty. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 913 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 43. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 510, by Senator Rath, Senate Print 1756A, an 11 act to amend the Vehicle and Traffic Law and 12 the Penal Law, in relation to suspension. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the first of

17 November. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 42. Nays, 22 3. Senators Duane, Hassell-Thompson and 23 Sabini recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 914 1 THE SECRETARY: Calendar Number 2 512, by Senator DeFrancisco, Senate Print 3 2051A, an act to amend the Vehicle and Traffic 4 Law, in relation to enacting the 5 "Ambrose-Searles Move Over Act." 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MARCELLINO: 11 Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 47. 14 ACTING PRESIDENT MARCELLINO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 513, by Senator Griffo, Senate Print 2594, an 18 act to amend the Highway Law, in relation to 19 correcting the designation of a portion of the

20 state highway system. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 915 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 47. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 516, by Senator Larkin, Senate Print 4040A, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to mandatory suspension of a driver's 10 license. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT MARCELLINO: 17 Call the roll, please. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 47. 20 ACTING PRESIDENT MARCELLINO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number

23 522, by Senator Bonacic, Senate Print 6903, an 24 act to amend the Highway Law, in relation to 25 designating. Candyco Transcription Service, Inc. (518) 371-8910 916 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 47. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 541, by Senator Fuschillo, Senate Print 1533A, 13 an act to amend the Penal Law, in relation to 14 false personation. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 6. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 541 are 25 Senators Adams, Gonzalez, Hassell-Thompson,

Candyco Transcription Service, Inc. (518) 371-8910 917 1 Huntley, Parker and Thompson. 2 Ayes, 41. Nays, 6. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 548, by Senator Volker, Senate Print 4034, an 7 act to amend the Criminal Procedure Law, in 8 relation to disclosure of certain convictions. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 49. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 556, by Senator Morahan, Senate Print 4001, an 22 act to amend the Mental Hygiene Law, in 23 relation to confidentiality. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section, please. Candyco Transcription Service, Inc. (518) 371-8910 918 1 THE SECRETARY: Section 2. This

2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MARCELLINO: 7 Senator Nozzolio, to explain your vote. 8 SENATOR NOZZOLIO: Thank you, 9 Mr. President. 10 Mr. President and my colleagues, 11 these measures before us today -- and this 12 measure in particular -- hope to expand 13 New York State's interests and make New York 14 State a better state in the future. And our 15 future is for our young students and children 16 who are in New York today. 17 And I'm very pleased that today a 18 group of those students are here viewing the 19 proceedings of the New York State Senate, that 20 Mary Ann Bender and the class from 21 St. Stephen-St. Francis de Sales are here 22 viewing these proceedings, because they care 23 about our future, as this chamber does in 24 enacting this legislation. 25 Mr. President, I thank you for Candyco Transcription Service, Inc. (518) 371-8910 919 1 allowing me to explain my support of this 2 legislation and to introduce this fine group 3 of young people who are here today. Thank you 4 very much.

5 ACTING PRESIDENT MARCELLINO: 6 Senator Nozzolio will be recorded in the 7 affirmative. 8 Announce the results, please. 9 THE SECRETARY: Ayes, 50. Nays, 10 0. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 562, substituted earlier today by Member of 15 the Assembly Gottfried, Assembly Print Number 16 10052, an act to amend Chapter 426 of the Laws 17 of 1983, amending the Public Health Law. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll, please. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 51. Candyco Transcription Service, Inc. (518) 371-8910 920 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 564, by Senator Hannon, Senate Print 7142, an 5 act to amend Chapter 62 of the Laws of 2003, 6 amending the Public Health Law. 7 ACTING PRESIDENT MARCELLINO:

8 Read the last section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 51. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 589, by Senator Lanza, Senate Print 7162, an 19 act to amend the Civil Service Law, in 20 relation to compensation benefits. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section, please. 23 THE SECRETARY: Section 13. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 921 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 Senator Skelos, that completes the 7 noncontroversial reading of the calendar. In 8 fact, that completes the calendar. 9 SENATOR SKELOS: Mr. President, 10 in consultation with the Minority Leader,

11 Senator Bruno hands up the following changes 12 to the Minority committee assignments and asks 13 that they be filed in the Journal. 14 ACTING PRESIDENT MARCELLINO: 15 They will be so filed, Senator. 16 SENATOR SKELOS: Mr. President, 17 is there any further business at the desk? 18 ACTING PRESIDENT MARCELLINO: No, 19 Senator, the desk is clear. 20 SENATOR SKELOS: There being 21 none, I move we stand adjourned until Friday, 22 March 28th, at 11:00 a.m. 23 ACTING PRESIDENT MARCELLINO: On 24 motion, the Senate stands adjourned until 25 Friday, March 28th, at 11:00 a.m. Candyco Transcription Service, Inc. (518) 371-8910 922 1 (Whereupon, at 3:21 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13

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