May 12, 2008

Top of Form 1
Date: 05/12/2008
Session: Regular
2092
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 May 12, 2008
11 3:02 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
2093
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 everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance to 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, we will observe a moment of
11 silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
15 reading of the Journal.
16 THE SECRETARY: In Senate,
17 Sunday, May 11, the Senate met pursuant to
18 adjournment. The Journal of Saturday, May 10,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.

(518) 371-8910
2094
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 Lanza.
8 SENATOR LANZA: Mr. President,
9 amendments are offered to the following Third
10 Reading Calendar bills:
11 By Senator Fuschillo, page 40,
12 Calendar Number 552, Senate Print Number 5795;
13 By Senator LaValle, page 44,
14 Calendar Number 669, Senate Print Number 5030;
15 By Senator LaValle, page number 46,
16 Calendar Number 694, Senate Print Number 5635.
17 Mr. President, I now move that
18 these bills retain their place on the order of
19 third reading.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Lanza.
22 The amendments are received and
23 adopted, and the bills will retain their place
24 on the Third Reading Calendar.
25 I'd ask that we please have order

(518) 371-8910
2095
1 in the house.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 there are three substitutions at the desk. If
5 we could make them at this time.
7 Secretary will read.
8 THE SECRETARY: On page 21,
9 Senator Morahan moves to discharge, from the
10 Committee on Civil Service and Pensions,
11 Assembly Bill Number 9444A and substitute it
12 for the identical Senate Bill Number 6491A,
13 Third Reading Calendar 64.
14 On page 40, Senator O. Johnson
15 moves to discharge, from the Committee on
16 Health, Assembly Bill Number 10062 and
17 substitute it for the identical Senate Bill
18 Number 7015, Third Reading Calendar 563.
19 And on page 57, Senator Fuschillo
20 moves to discharge, from the Committee on
21 Agriculture, Assembly Bill Number 1172 and
22 substitute it for the identical Senate Bill
23 Number 7406, Third Reading Calendar 898.
24 ACTING PRESIDENT GRIFFO:
25 Substitutions so ordered.

(518) 371-8910
2096
1 Senator Skelos.
3 Senator Bonacic has a resolution, Number 5832,
4 at the desk. If we could have the title read

5 and move for its immediate adoption.
8 THE SECRETARY: By Senator
9 Bonacic, Legislative Resolution Number 5832,
10 honoring Christopher Dolan upon the occasion
11 of receiving the Police Purple Heart Award
12 from the City of Middletown Police Department
13 on May 13, 2008.
15 question is on the resolution. All in favor
16 signify by saying aye.
17 (Response of "Aye.")
19 Opposed, nay.
20 (No response.)
22 resolution is adopted.
23 Senator Skelos.
25 Senator Bonacic has a resolution, Number 5833,

(518) 371-8910
2097
1 at the desk. If we could have the title read
2 and move for its immediate adoption.
7 honoring Jason Jennings and Alberto Lopez upon

8 the occasion of receiving the Medal of
9 Distinction from the City of Middletown Police
10 Department on May 13, 2008.
16 Opposed, nay.
17 (No response.)
20 Senator Skelos.
22 Resolution 5834 is at the desk, by Senator
23 Bonacic. If we could have the title read and
24 move for its immediate adoption.

(518) 371-8910
2098
4 honoring Jamie Johnson, Patrick Cunningham and
5 Frank Speranza upon the occasion of receiving
6 the Medal of Valor from the City of Middletown
7 Police Department on May 13, 2008.

13 Opposed.
14 (No response.)
17 Senator Skelos.
19 Resolution 5842, by Senator Aubertine, is at
20 the desk. If we could have the title read,
21 move for its immediate adoption, and open it
22 up for cosponsorship.

(518) 371-8910
2099
1 Aubertine, Resolution Number 5842,
2 commemorating the 100th Anniversary of Fort
3 Drum.
9 Opposed, nay.
10 (No response.)
12 resolution is adopted and open for
13 cosponsorship if you register with the desk.

14 Senator Skelos.
16 there will be an immediate meeting of the
17 Rules Committee in the Majority Conference
18 Room.
19 ACTING PRESIDENT GRIFFO: There
20 will be an immediate meeting of the Rules
21 Committee in the Majority Conference Room.
22 The Senate stands at ease.
23 (Whereupon, the Senate stood at
24 ease at 3:06 p.m.)
25 (Whereupon, the Senate reconvened

(518) 371-8910
2100
1 at 3:11 p.m.)
3 Senate will come to order.
4 Senator Skelos.
5 SENATOR SKELOS: Yes,
6 Mr. President. On Senator Aubertine's
7 resolution, 5842, we opened it up for
8 cosponsorship. If anybody wishes not to
9 sponsor it, they should notify the desk.
10 ACTING PRESIDENT GRIFFO: Thank
11 you for the clarification, Senator Skelos.
12 The resolution offered by Senator
13 Aubertine regarding Fort Drum is available for
14 cosponsorship. If you choose not to cosponsor
15 the resolution, notify the desk.
16 Senator Skelos.
18 if we could go to the noncontroversial reading
19 of the calendar.
22 THE SECRETARY: Calendar Number
23 41, by Senator Smith, Senate Print 4390, an
24 act to amend the Criminal Procedure Law, in
25 relation to admissibility.

(518) 371-8910
2101
1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. 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: Ayes, 50.
11 bill is passed.
13 64, substituted earlier today by Member of the
14 Assembly Abbate, Assembly Print Number 9444A,
15 an act to amend the Retirement and Social
16 Security Law, in relation to mandatory
17 retirement age.
19 the last section.

21 act shall take effect immediately.
23 the roll.

(518) 371-8910
2102
2 bill is passed.
4 125, by Senator Volker, Senate Print 6680, an
5 act to amend the Civil Service Law, in
6 relation to resolution of disputes.
8 the last section.
12 the roll.
16 bill is passed.
18 204, by Senator O. Johnson, Senate Print 6517,
19 an act to amend the Tax Law, in relation to
20 certain sales of fuel.

24 act shall take effect on the first day of the
25 sales tax quarterly period.

(518) 371-8910
2103
2 the roll.
6 bill is passed.
8 303, by Senator Flanagan, Senate Print 684B,
9 an act to amend the Public Health Law, in
10 relation to prohibiting smoking at
11 playgrounds.
15 act shall take effect on the 90th day.
17 the roll.
21 bill is passed.
23 304, by Senator Flanagan, Senate Print 690B,
24 an act to amend the Public Health Law, in
25 relation to making certain technical

(518) 371-8910
2104
1 amendments.
3 the last section.
7 the roll.
11 bill is passed.
13 444, by Senator Fuschillo, Senate Print 6799B,
14 an act to create a course of instruction.
20 the roll.
24 bill is passed.

(518) 371-8910
2105
1 484, by Senator Skelos, Senate Print 5195, an

2 act to amend the Eminent Domain Procedure Law,
3 in relation to abandonment.
5 the last section.
9 the roll.
13 bill is passed.
15 563, substituted earlier today by Member of
16 the Assembly Sweeney, Assembly Print Number
17 10062, an act to amend Chapter 572 of the Laws
18 of 1994 amending the Public Health Law.
24 the roll.

(518) 371-8910
2106
3 bill is passed.

5 571, by Senator Robach, Senate Print 3052A, an
6 act to amend the Executive Law, in relation to
7 prohibiting employers.
9 the last section.
13 the roll.
17 bill is passed.
19 643, by Senator Golden, Senate Print 4268A, an
20 act to amend the Criminal Procedure Law and
21 the Executive Law, in relation to disclosure.

(518) 371-8910
2107
2 the roll.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 643 are
6 Senators Duane and Montgomery.
7 Ayes, 50. Nays, 2.

9 bill is passed.
11 778, by Senator Trunzo, Senate Print 6690, an
12 act to amend the General Municipal Law, the
13 Town Law and the Village Law, in relation to
14 permitting.
20 the roll.
24 bill is passed.

(518) 371-8910
2108
1 816, by Senator Golden, Senate Print 209, an
2 act to amend the Public Health Law, in
3 relation to sales and purchases.
5 the last section.
9 the roll.

13 bill is passed.
15 898, substituted earlier today by Member of
16 the Assembly Gunther, Assembly Print Number
17 1172, an act to amend the Agriculture and
18 Markets Law, in relation to transportation of
19 food.
25 the roll.

(518) 371-8910
2109
4 bill is passed.
6 903, by Senator Farley, Senate Print 899B, an
7 act to amend the Education Law, in relation to
8 providing funding.
12 act shall take effect April 1, 2009.

14 the roll.
18 bill is passed.
20 904, by Senator LaValle, Senate Print 932A, an
21 act authorizing the Temporary President of the
22 Senate and the Speaker of the Assembly to
23 commission.

(518) 371-8910
2110
4 the roll.
6 THE SECRETARY: Ayes, 51. Nays,
7 1. Senator Montgomery recorded in the
8 negative.
10 bill is passed.
12 909, by Senator Robach, Senate Print 2978A, an
13 act to amend the Executive Law and the Social
14 Services Law, in relation to authorizing.

20 the roll.
24 bill is passed.

(518) 371-8910
2111
1 923, by Senator C. Kruger, Senate Print 7536,
2 an act to amend the Social Services Law, in
3 relation to persons credentialed.
5 the last section.
9 the roll.
13 bill is passed.
14 Senator Skelos, that completes the
15 noncontroversial reading of the calendar.
16 SENATOR SKELOS: Thank you,
17 Mr. President.
18 If we could return to reports of
19 standing committees for the report of the

20 Rules Committee.
22 Secretary will read the report of the Rules
23 Committee.
24 THE SECRETARY: Senator Bruno,
25 from the Committee on Rules, reports the

(518) 371-8910
2112
1 following bills:
2 Senate Print 7314A, by Senator
3 Hannon, an act to authorize the Levittown
4 Union Free School District;
5 And Senate Print 7714, by Senator
6 Padavan, an act to amend the Real Property Tax
7 Law.
8 Both bills ordered direct to third
9 reading.
10 Senator Skelos.
11 SENATOR SKELOS: Move to accept
12 the report of the Rules Committee.
13 ACTING PRESIDENT GRIFFO: All in
14 favor of accepting the report of the Rules
15 Committee signify by saying aye.
18 Opposed, nay.
19 (No response.)
21 report is received.
22 Senator Skelos.
24 if we could take up those two bills now,
25 noncontroversial.

(518) 371-8910
2113
4 1103, by Senator Hannon, Senate Print 7314A,
5 an act to authorize the Levittown Union Free
6 School District to transfer.
8 the last section.
12 the roll.
16 bill is passed.
18 1104, by Senator Padavan, Senate Print 7714,
19 an act to amend the Real Property Tax Law, in
20 relation to partial abatement.

(518) 371-8910
2114
1 the roll.
5 bill is passed.
6 Senator Skelos, that completes the
7 reading of the Rules calendar.
8 SENATOR SKELOS: Is there any
9 further business at the desk?
10 ACTING PRESIDENT GRIFFO: There
11 is none.
12 SENATOR SKELOS: There being
13 none, I move we stand adjourned until Tuesday,
14 May 13th, at 3:00 p.m.
15 ACTING PRESIDENT GRIFFO: On
16 motion, the Senate stands adjourned until
17 Tuesday, May 13th, at 3:00 p.m.
18 (Whereupon, at 3:20 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25

(518) 371-8910

May 12, 2008

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

May 12, 2008

Hochgeladen von

Copyright:

Verfügbare Formate

Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 May 12, 2008

18 SENATOR JOSEPH A. GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT GRIFFO: 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 to 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, we will observe a moment of

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT GRIFFO: The

15 reading of the Journal.

16 THE SECRETARY: In Senate,

17 Sunday, May 11, the Senate met pursuant to

18 adjournment. The Journal of Saturday, May 10,

19 was read and approved. On motion, Senate

21 ACTING PRESIDENT GRIFFO: Without

22 objection, the Journal stands approved as

25 Messages from the Assembly.

1 Messages from the Governor.

2 Reports of standing committees.

3 Reports of select committees.

4 Communications and reports from

6 Motions and resolutions.

8 SENATOR LANZA: Mr. President,

9 amendments are offered to the following Third

10 Reading Calendar bills:

11 By Senator Fuschillo, page 40,

12 Calendar Number 552, Senate Print Number 5795;

13 By Senator LaValle, page 44,

14 Calendar Number 669, Senate Print Number 5030;

15 By Senator LaValle, page number 46,

16 Calendar Number 694, Senate Print Number 5635.

17 Mr. President, I now move that

18 these bills retain their place on the order of

20 ACTING PRESIDENT GRIFFO: Thank

21 you, Senator Lanza.

22 The amendments are received and

23 adopted, and the bills will retain their place

24 on the Third Reading Calendar.

25 I'd ask that we please have order

Candyco Transcription Service, Inc.

3 SENATOR SKELOS: Mr. President,

4 there are three substitutions at the desk. If

5 we could make them at this time.

6 ACTING PRESIDENT GRIFFO: The

7 Secretary will read.

8 THE SECRETARY: On page 21,

9 Senator Morahan moves to discharge, from the

10 Committee on Civil Service and Pensions,

11 Assembly Bill Number 9444A and substitute it

12 for the identical Senate Bill Number 6491A,

13 Third Reading Calendar 64.