March 31 2008

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Date: 03/31/2008 Session: Regular

943 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 31, 2008 11 3:07 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 944 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: For 10 today's invocation we have with us Father 11 Peter Young, of the Mother Theresa Community. 12 Father. 13 REVEREND YOUNG: Thank you, 14 Senator. Let us pray. 15 In New York City, at George 16 Washington's inauguration as President, he 17 placed his hand on the Bible on April 30, 18 1789, to serve with integrity his nation. 19 Our Senators are likewise called to 20 leadership as Your elected and dedicated 21 public servants. We bless them in Your name 22 so that they can carry out this most important 23 work in the closing of the budget hours for 24 all of our citizens in New York State. 25 Amen.

Candyco Transcription Service, Inc. (518) 371-8910 945 1 ACTING PRESIDENT GRIFFO: The 2 reading of the Journal. 3 THE SECRETARY: In Senate, 4 Sunday, March 30, the Senate met pursuant to 5 adjournment. The Journal of Saturday, 6 March 29, was read and approved. On motion, 7 Senate adjourned. 8 ACTING PRESIDENT GRIFFO: Without 9 objection, the Journal stands approved as 10 read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Young. 20 SENATOR YOUNG: Thank you, 21 Mr. President. 22 On page 39 I offer the following 23 amendments to Calendar Number 600, Senate 24 Print Number 4660, and ask that the bill will 25 retain its place on the Third Reading Candyco Transcription Service, Inc. (518) 371-8910 946 1 Calendar. Thank you.

2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Young. The amendments are 4 received and adopted, and the bill will retain 5 its place on the Third Reading Calendar. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President, 8 there will be an immediate meeting of the 9 Finance Committee in the Majority Conference 10 Room. 11 ACTING PRESIDENT GRIFFO: There 12 will be an immediate meeting of the Finance 13 Committee in the Majority Conference Room. 14 The Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 3:10 p.m.) 17 (Whereupon, the Senate reconvened 18 at 3:16 p.m.) 19 ACTING PRESIDENT GRIFFO: The 20 Senate will come to order. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 if we could go to the noncontroversial reading 24 of the calendar. 25 ACTING PRESIDENT GRIFFO: The Candyco Transcription Service, Inc. (518) 371-8910 947 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 286, by Senator Larkin, Senate Print 1882, an 4 act to amend the Racing, Pari-Mutuel Wagering

5 and Breeding Law, in relation to free passes, 6 cards or badges. 7 ACTING PRESIDENT GRIFFO: Read 8 the last section. 9 THE SECRETARY: Section 4. 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, 54. Nays, 15 1. Senator Maziarz recorded in the negative. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 323, by Senator Skelos, Senate Print 6687C, an 20 act to amend the Civil Practice Law and Rules, 21 in relation to enforceability. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately. Candyco Transcription Service, Inc. (518) 371-8910 948 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number

8 333, by Senator Bruno, Senate Print 6383, an 9 act authorizing the reinstatement of Eric M. 10 Jukes. 11 ACTING PRESIDENT GRIFFO: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 420, by Senator LaValle, Senate Print 2949A, 24 an act to amend the Penal Law, in relation to 25 enhancing penalties. Candyco Transcription Service, Inc. (518) 371-8910 949 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 33. 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: Those recorded in 10 the negative on Calendar Number 420 are

11 Senators Adams, Montgomery and Perkins. 12 Ayes, 54. Nays, 3. 13 ACTING PRESIDENT GRIFFO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 464, by Senator Little, Senate Print 6969, an 17 act to amend Chapter 719 of the Laws of 1980 18 amending the Local Finance 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.) Candyco Transcription Service, Inc. (518) 371-8910 950 1 THE SECRETARY: Ayes, 57. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 465, by Senator Maltese, Senate Print 303, an 6 act to amend the Election Law, in relation to 7 military voters. 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, 57. 16 ACTING PRESIDENT GRIFFO: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 476, by Senator Fuschillo, Senate Print 1531, 20 an act to amend the Real Property Law, in 21 relation to prohibiting sex offenders. 22 ACTING PRESIDENT GRIFFO: Read 23 the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately. Candyco Transcription Service, Inc. (518) 371-8910 951 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 476 are 6 Senators Adams, Duane, Hassell-Thompson, 7 Montgomery, Perkins and Serrano. 8 Ayes, 51. Nays, 6. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 483, by Senator Volker, Senate Print 4874, an 13 act to amend the Real Property Law, in 14 relation to recording. 15 ACTING PRESIDENT GRIFFO: Read 16 the last section.

17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January 19 next succeeding. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 952 1 THE SECRETARY: Calendar Number 2 523, by Senator Larkin, Senate Print 6929, an 3 act to amend the Highway Law, in relation to 4 designating a certain portion of State Route 5 32 in the counties of Ulster and Orange. 6 ACTING PRESIDENT GRIFFO: Read 7 the last section. 8 THE SECRETARY: Section 3. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 597, by Senator Little, Senate Print 7070, an 18 act making certain findings and determinations 19 relating to bond anticipation notes.

20 ACTING PRESIDENT GRIFFO: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 5. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call Candyco Transcription Service, Inc. (518) 371-8910 953 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 7 617, by Senator Lanza, Senate Print 6851, an 8 act to amend Chapter 759 of the Laws of 1973 9 relating to the transfer of lands. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. 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 21 665, by Senator Little, Senate Print 7300, an 22 act in relation to authorizing the

23 distribution of certain amounts to counties 24 and cities. 25 ACTING PRESIDENT GRIFFO: Read Candyco Transcription Service, Inc. (518) 371-8910 954 1 the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 Senator Skelos, that completes the 11 noncontroversial reading of the calendar. 12 SENATOR SKELOS: Thank you, 13 Mr. President. 14 If we could return to reports of 15 standing committees for the report of the 16 Finance Committee. 17 ACTING PRESIDENT GRIFFO: Reports 18 of standing committees. 19 The Secretary will read the report 20 of the Finance Committee. 21 THE SECRETARY: Senator O. 22 Johnson, from the Committee on Finance, 23 reports the following bills direct to third 24 reading: 25 Senate Print 7323, by the Senate

Candyco Transcription Service, Inc. (518) 371-8910 955 1 Committee on Rules, an act to provide for the 2 administration of certain funds and accounts; 3 And Senate Print 7324, by the 4 Senate Committee on Rules, an act making 5 appropriations for the support of government. 6 Both bills ordered direct to third 7 reading. 8 ACTING PRESIDENT GRIFFO: Both 9 bills are reported direct to third reading. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could just stand at ease. We're waiting 13 for messages on those two bills. 14 ACTING PRESIDENT GRIFFO: The 15 Senate will stand at ease. 16 (Whereupon, the Senate stood at 17 ease at 3:24 p.m.) 18 (Whereupon, the Senate reconvened 19 at 4:00 p.m.) 20 ACTING PRESIDENT GRIFFO: The 21 Senate will come to order. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 the Senate will stand in recess until 25 7:30 p.m. Candyco Transcription Service, Inc. (518) 371-8910 956 1 ACTING PRESIDENT GRIFFO: The

2 Senate will stand in recess until 7:30 p.m. 3 (Whereupon, the Senate stood at 4 ease at 4:01 p.m.) 5 (Whereupon, the Senate reconvened 6 at 7:37 p.m.) 7 ACTING PRESIDENT GRIFFO: Senate 8 is in session. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 earlier this evening I believe we accepted the 12 report of the Finance Committee. 13 So at this time if we could take up 14 Calendar Number 670, Senate 7323, 15 noncontroversial. 16 ACTING PRESIDENT GRIFFO: The 17 Secretary will read. 18 THE SECRETARY: In relation to 19 Calendar Number 670, Senator O. Johnson moves 20 to discharge, from the Committee on Finance, 21 Assembly Bill Number 10418 and substitute it 22 for the identical Senate Bill Number 7323, 23 Third Reading Calendar 670. 24 ACTING PRESIDENT GRIFFO: 25 Substitution ordered. Candyco Transcription Service, Inc. (518) 371-8910 957 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 670, by the Assembly Committee on Rules, 4 Assembly Print Number 10418, an act to provide

5 for the administration of certain funds and 6 accounts. 7 ACTING PRESIDENT GRIFFO: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, 10 is there a message of necessity at the desk? 11 ACTING PRESIDENT GRIFFO: There 12 is, Senator Skelos. 13 SENATOR SKELOS: Move to accept 14 the message. 15 ACTING PRESIDENT GRIFFO: All in 16 favor of accepting the message of necessity 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT GRIFFO: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT GRIFFO: The 23 message is accepted. 24 Read the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 958 1 act shall take effect immediately. 2 ACTING PRESIDENT GRIFFO: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT GRIFFO: The 7 bill is passed.

8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 at this time if we could take up Calendar 11 Number 671, Senate 7324. 12 ACTING PRESIDENT GRIFFO: The 13 Secretary will read. 14 THE SECRETARY: In relation to 15 Calendar Number 671, Senator O. Johnson moves 16 to discharge, from the Committee on Finance, 17 Assembly Bill Number 10419 and substitute it 18 for the identical Senate Bill Number 7324, 19 Third Reading Calendar 671. 20 ACTING PRESIDENT GRIFFO: 21 Substitution ordered. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 671, by the Assembly Committee on Rules, 25 Assembly Print Number 10419, an act making Candyco Transcription Service, Inc. (518) 371-8910 959 1 appropriations for the support of government. 2 ACTING PRESIDENT GRIFFO: Senator 3 Skelos. 4 SENATOR SKELOS: Is there a 5 message of necessity and appropriation at the 6 desk? 7 ACTING PRESIDENT GRIFFO: Yes, 8 Senator Skelos, there is. 9 SENATOR SKELOS: Move to accept. 10 ACTING PRESIDENT GRIFFO: All in

11 favor of accepting the message of necessity 12 and appropriation signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: The 18 message of necessity and appropriation is 19 accepted. 20 Read 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.) Candyco Transcription Service, Inc. (518) 371-8910 960 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT GRIFFO: The 3 bill is passed. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 if we could return to the order of motions and 7 resolutions and please recognize Senator 8 Little. 9 ACTING PRESIDENT GRIFFO: Motions 10 and resolutions. 11 Senator Little. 12 SENATOR LITTLE: Thank you, 13 Mr. President.

14 On page 26 I offer the following 15 amendments to Calendar Number 372, Senate 16 Print Number 6281B, and on behalf of Senator 17 Lanza ask that that said bill retain its place 18 on the Third Reading Calendar. 19 ACTING PRESIDENT GRIFFO: The 20 amendments are received and adopted, and the 21 bill will retain its place on the Third 22 Reading Calendar. 23 Senator Little. 24 SENATOR LITTLE: Thank you, 25 Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 961 1 Also on behalf of Senator Lanza, I 2 wish to call up his bill Senate Print Number 3 7162, recalled from the Assembly, which is now 4 at the desk. 5 ACTING PRESIDENT GRIFFO: The 6 Secretary will read the title. 7 THE SECRETARY: Calendar Number 8 589, by Senator Lanza, Senate Print 7162, an 9 act to amend the Civil Service Law. 10 ACTING PRESIDENT GRIFFO: Senator 11 Little. 12 SENATOR LITTLE: Mr. President, I 13 now move to reconsider the vote by which this 14 bill was passed and ask that the bill be 15 restored to the order of third reading. 16 ACTING PRESIDENT GRIFFO: The

17 Secretary will call the roll on 18 reconsideration. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT GRIFFO: The 22 bill is restored to its place on the Third 23 Reading Calendar. 24 Senator Little. 25 SENATOR LITTLE: Mr. President, I Candyco Transcription Service, Inc. (518) 371-8910 962 1 now move to discharge, from the Committee on 2 Finance, Assembly Print Number 10270 and 3 substitute it for his identical bill. 4 The Senate bill on first passage 5 was voted unanimously, and I now move that the 6 substituted Assembly bill have its third 7 reading at this time. 8 ACTING PRESIDENT GRIFFO: So 9 ordered. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 589, by Member of the Assembly Abbate, 13 Assembly Print Number 10270, an act to amend 14 the Civil Service Law. 15 ACTING PRESIDENT GRIFFO: Senator 16 Skelos. 17 SENATOR SKELOS: Mr. President, 18 is there a message of appropriation at the 19 desk?

20 ACTING PRESIDENT GRIFFO: Yes, 21 Senator Skelos, there is a message of 22 appropriation at the desk. 23 SENATOR SKELOS: Move to accept, 24 please. 25 ACTING PRESIDENT GRIFFO: All in Candyco Transcription Service, Inc. (518) 371-8910 963 1 favor of accepting the message of 2 appropriation signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT GRIFFO: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT GRIFFO: The 8 message is accepted. 9 The Secretary will read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT GRIFFO: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT GRIFFO: The 18 bill is passed. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could stand at ease at this time. 22 ACTING PRESIDENT GRIFFO: The

23 Senate will stand at ease. 24 (Whereupon, the Senate stood at 25 ease at 7:43 p.m.) Candyco Transcription Service, Inc. (518) 371-8910 964 1 ACTING PRESIDENT GRIFFO: The 2 Senate will come to order. 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 Senate 10 Finance Committee in the Majority Conference 11 Room. 12 The Senate will continue to stand 13 at ease. 14 (Whereupon, the Senate reconvened 15 at 9:35 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 return to reports of standing 21 committees for the report of the Finance 22 Committee. 23 ACTING PRESIDENT GRIFFO: Reports 24 of standing committees. 25 The Secretary will read the report

Candyco Transcription Service, Inc. (518) 371-8910 965 1 of the Finance Committee. 2 THE SECRETARY: Senator O. 3 Johnson, from the Committee on Finance, 4 reports the following bill direct to third 5 reading: 6 Senate Print 6804D, an act making 7 appropriations for the support of government: 8 Health and Mental Hygiene Budget. 9 ACTING PRESIDENT GRIFFO: Without 10 objection, the bill is reported to third 11 reading. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 at this time if we could take up Calendar 678, 15 Senate Print 6804D. 16 ACTING PRESIDENT GRIFFO: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 678, Senate Budget Bill, Senate Print 6804D, 20 an act making appropriations for the support 21 of government: Health and Mental Hygiene 22 Budget. 23 ACTING PRESIDENT GRIFFO: Senator 24 Skelos. 25 SENATOR SKELOS: Mr. President, Candyco Transcription Service, Inc. (518) 371-8910 966 1 is there a message of necessity at the desk?

2 ACTING PRESIDENT GRIFFO: There 3 is a message of necessity at the desk. 4 SENATOR SKELOS: Move to accept, 5 please. 6 ACTING PRESIDENT GRIFFO: All in 7 favor of accepting the message of necessity 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT GRIFFO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT GRIFFO: The 14 message is accepted. 15 Read the last section. 16 THE SECRETARY: Section 2. 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, 61. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, Candyco Transcription Service, Inc. (518) 371-8910 967 1 is there any further business at the desk? 2 ACTING PRESIDENT GRIFFO: There 3 is no further business at the desk. 4 SENATOR SKELOS: We'll be

5 adjourning at the call of the Majority Leader. 6 So for members of the Majority, as 7 of right now there will not be a conference at 8 10:30. 9 There being no further business to 10 come before the Senate, I move we stand 11 adjourned until Tuesday, the first of April, 12 at the call of the Majority Leader. 13 ACTING PRESIDENT GRIFFO: On 14 motion, the Senate stands adjourned, at the 15 call of the Majority Leader, until Tuesday, 16 April 1st. 17 (Whereupon, at 9:37 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910