April 3, 2008

Top of Form 1
Date: 04/03/2008
Session: Regular
1122
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 April 3, 2008
11 1:01 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
1123
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 rise and join
5 in reciting the Pledge of Allegiance to the
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask everyone to bow their
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
15 reading of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, April 2, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, April 1,
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.

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1124
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 there are no substitutions at the desk, I'd
10 like to go to the noncontroversial reading of
11 the calendar.
12 ACTING PRESIDENT GRIFFO: There
13 are no substitutions.
14 And the Secretary will read.
15 Senator Skelos.
16 SENATOR SKELOS: If we could
17 continue with the noncontroversial calendar.
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 30, by Senator Young, Senate Print 389 --
22 SENATOR SKELOS: Lay it aside
23 temporarily, please.
24 ACTING PRESIDENT GRIFFO: Lay it
25 aside temporarily.

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1125

2 54, by Senator Maltese, Senate Print 3256, an
3 act to amend the Labor Law and the Penal Law,
4 in relation to certain employment.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first of
9 November.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 39.
15 bill is passed.
17 151, by Senator Marcellino --
19 temporarily.
23 184, by Senator Winner --
25 temporarily.

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1126
4 431, by Senator Young, Senate Print 6912, an

5 act to amend the Penal Law, in relation to
6 prohibiting.
8 the last section.
11 November.
13 the roll.
17 bill is passed.
19 534, by Senator Skelos --
21 temporarily.
25 536, by Senator Flanagan, Senate Print 845, an

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1127
2 definitions.
4 the last section.
7 November.
9 the roll.
13 bill is passed.
15 547, by Senator Padavan --
17 temporarily, please.
21 557, by Senator Morahan, Senate Print 4006, an
22 act to amend the Mental Hygiene Law, in
23 relation to disclosure.
25 the last section.

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2 act shall take effect immediately.
4 the roll.
8 bill is passed.
10 633, by Senator Volker, Senate Print 2373, an

12 assaults.
17 November.
19 the roll.
23 bill is passed.
25 647, by Senator Bonacic, Senate Print 5299, an

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1129
2 aggravated harassment.
4 the last section.
7 November.
9 the roll.
13 bill is passed.
15 650, by Senator Golden, Senate Print 5767, an
17 unlawful disclosure.
21 act shall take effect on the 90th day.
23 the roll.

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2 bill is passed.
4 659, by Senator Golden, Senate Print 7064, an
5 act to amend Chapter 779 of the Laws of 1986
6 amending the Social Services Law.
8 the last section.
12 the roll.
16 bill is passed.
18 666, by Senator DeFrancisco, Senate Print
19 6657, an act to amend the Navigation Law, in
20 relation to increasing.
25 November.

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2 the roll.
4 ACTING PRESIDENT GRIFFO: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: Yes, I just
7 want to explain my vote. I'm sponsoring this
8 legislation, and I of course vote yes.
9 I just want to explain how this
10 legislation arose and my thoughts behind
11 sponsoring legislation which would increase
12 the penalties for leaving the scene of a
13 boating accident, and the most serious penalty
14 would be in the event that the accident ended
15 in serious injury or death. That offense
16 would be a D felony now.
17 This arose as a result of two
18 horrific accidents or incidents -- not really
19 accidents, they were reckless conduct on

20 behalf of the individuals. One was on
21 Skaneateles Lake, where a young man by the
22 name of John Kelly and a young woman by the
23 name of Heather Wilkins were struck by another
24 boater, and the boater and his friends left
25 the scene of the accident.

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1 By the time people learned of the
2 incident, found the boat, both of the
3 individuals were dead. Which possibly could
4 have been avoided had people gone and reported
5 the accident when it should have been
6 reported. That was on Skaneateles Lake.
7 Also, on Oneida Lake, also in
8 Onondaga County, an older gentleman was
9 minding his own business fishing, and a very
10 violent collision occurred. The other boat
11 was operated by another young person with
12 other young people in the boat with him. He
13 struck that vehicle in such a violent way
14 that -- and left the scene, just left.
15 And later, when the man was finally
16 found, he was found dead as well. There was a
17 very good chance that that individual could
18 have been saved in the event that someone had
19 at least told about the accident.
20 So this is a serious business. And
21 we've increased the penalties over the years
22 for incidents like this dealing with motor

23 vehicles. And this bill really catches up to
24 the same situation, which is just as serious
25 in boating accidents.

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1 I vote aye.
3 DeFrancisco to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: Ayes, 42. Nays,
6 0.
8 bill is passed.
9 Senator Skelos.
10 SENATOR SKELOS: If you could
11 take up Calendar Number 30 that was
12 temporarily laid aside.
16 30, by Senator Young, Senate Print 389, an act
17 to amend the Criminal Procedure Law, in
18 relation to permitting.
24 the roll.

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2 Duane.
3 SENATOR DUANE: Thank you,
4 Mr. President.
5 While certainly I believe that the
6 goals of this legislation are certainly
7 laudable, I can't in good conscience vote for
8 it, because if tragedy should strike my
9 family, my domestic partner, I would not be
10 able to read an impact statement, and he would
11 not be able to read one if something happened
12 to me.
13 And, you know, it's 2008. And I
14 think that it's time to really face reality of
15 what our families look like in New York State.
16 And again, while I think the goals
17 of this legislation are laudable, I really
18 have to encourage my colleagues to vote in the
19 negative on it. Because I think it's time
20 that we went into the new millennium and
21 actually treated all the members of this body
22 with respect and, frankly, equally.
23 So I'm going to be voting in the
24 negative, and I would encourage my colleagues
25 also to strike a blow for equality and

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1 fairness and cast your votes in the negative.

2 Thank you, Mr. President.
4 Duane to be recorded in the negative.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 30 are
8 Senators Adams, Duane, Gonzalez, Huntley,
9 L. Krueger, C. Kruger, Montgomery, Perkins,
10 Sabini, Schneiderman and Smith.
11 Ayes, 39. Nays, 11.
13 bill is passed.
14 The Secretary will read, in regular
15 order, the calendar.
17 151, by Senator Marcellino, Senate Print 616,
18 an act to amend the Penal Law, in relation to
19 including.
24 November.

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1 the roll.

5 Senators Montgomery and Perkins.
6 Ayes, 48. Nays, 2.
8 bill is passed.
10 184, by Senator Winner, Senate Print 1715, an
11 act to amend the General Obligations Law, in
12 relation to processing.
18 the roll.
20 ACTING PRESIDENT GRIFFO:
24 Senators Adams, Diaz, Gonzalez,
25 Hassell-Thompson, Huntley, L. Krueger,

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1 Montgomery, Morahan, Onorato, Perkins, Sabini,
2 Savino and Stewart-Cousins.
3 Ayes, 40. Nays, 13.
5 bill is passed.
7 534, by Senator Skelos, Senate Print 435A, an

9 sentencing.
14 November.
16 the roll.
22 Senators Adams, Duane, Gonzalez,
23 Hassell-Thompson, L. Krueger, Montgomery,
24 Perkins and Schneiderman.
25 Ayes, 45. Nays, 8.

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2 bill is passed.
4 547, by Senator Padavan, Senate Print 2178, an
6 piercing and branding.
8 the last section.

11 November.
13 the roll.
19 Senators Adams, Duane, Huntley, Montgomery,
21 Ayes, 48. Nays, 6.
23 bill is passed.
24 May I ask for some order in the
25 house, please.

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1 Senator Skelos, that completes the
2 noncontroversial reading of the calendar.
3 Senator Onorato, why do you rise?
4 SENATOR ONORATO: Mr. President,
5 there will be a conference of the Democrats at
6 1:30 in Room 315.
8 will be a Minority conference at 1:30 in the
9 Minority Conference Room.
10 Senator Skelos.
11 SENATOR SKELOS: If we could just
12 wait a minute for the members of the Majority.
13 I'm not telling you right away.

14 (Laughter.)
16 Montgomery, why do you rise?
17 SENATOR MONTGOMERY: Yes,
18 Mr. President. I just would like the record
19 to show that had I been in the chamber when
20 Calendar 536 passed, I would have voted no.
21 Thank you.
23 record shall so reflect. Thank you, Senator
24 Montgomery.
25 Senator Connor, why do you rise?

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1 SENATOR CONNOR: Mr. President, I
2 was absent from the chamber --
3 ACTING PRESIDENT GRIFFO: Excuse
4 me, Senator.
5 May we have order in the house,
6 please.
7 SENATOR CONNOR: I would like the
8 record to reflect that had I been here, I
9 would have voted no on Calendar Number 30.
12 record shall so reflect, Senator Connor.
13 Senator Hassell-Thompson, why do
14 you rise?
15 SENATOR HASSELL-THOMPSON: Thank
16 you, Mr. President.

17 Please let the record reflect that
18 had I been in the chambers, I would have voted
19 no on Calendar Number 151, S616.
20 ACTING PRESIDENT GRIFFO: Thank
21 you, Senator Hassell-Thompson. The record
22 shall so reflect.
23 SENATOR HASSELL-THOMPSON: Thank
24 you.

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1 Skelos.
3 the Senate will stand at ease until 2:00 p.m.
5 Senate will stand at ease until 2:00 p.m.
6 The Minority conference is in
7 Room 315 at 1:30.
8 (Whereupon, the Senate stood at
9 ease at 1:25 p.m.)
10 (Whereupon, the Senate reconvened
11 at 2:19 p.m.)
14 Senator Skelos.
16 there will be a meeting of the Finance
17 Committee at 2:25 in the Majority Conference
18 Room.
19 If we could stand at ease, please.

21 Senate will stand at ease.
23 ease at 2:20 p.m.)
25 at 2:33 p.m.)

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3 Senator Skelos.
5 if we could return to reports of standing
6 committees for the report of the Finance
7 Committee.
8 ACTING PRESIDENT GRIFFO: Reports
9 of standing committees.
10 The Secretary will read.
11 THE SECRETARY: Senator O.
12 Johnson, from the Committee on Finance,
13 reports the following bill direct to third
14 reading:
15 Senate Print 6806C, Senate Budget
16 Bill, an act to amend the Arts and Cultural
17 Affairs Law and others.
18 ACTING PRESIDENT GRIFFO: Without
19 objection, the bill is ordered direct to third
20 reading.
21 Senator Skelos.

23 if we could take up Calendar Number 713,
24 Senate Print 6806C.

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3 713, Senate Budget Bill, Senate Print 6806C,
4 an act to amend the Arts and Cultural Affairs
5 Law and others.
7 Skelos.
8 SENATOR SKELOS: Is there a
9 message of necessity at the desk?
11 is message at the desk.
12 SENATOR SKELOS: Move to accept.
13 ACTING PRESIDENT GRIFFO: All in
14 favor of accepting the message please signify
15 by saying aye.
16 (Response of "Aye.")
18 Opposed, nay.
19 (No response.)
21 message is accepted.
22 Senator Skelos.
23 SENATOR SKELOS: If we could have
24 its third reading at this time.

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1 Secretary will read the last section.
5 the roll.
8 Krueger.
9 SENATOR LIZ KRUEGER: To explain
10 my vote, Mr. President.
12 Liz Krueger, to explain her vote.
13 SENATOR LIZ KRUEGER: Thank you.
14 Well, yesterday we did the
15 appropriations bill for public protection and
16 general government, but it seemed to leave out
17 lots of the appropriations for general
18 government. But we were told we'd do those
19 later.
20 Today we have a language bill which
21 actually seems to reference appropriations we
22 didn't make in yesterday's appropriations
23 bill, but I'm told that we'll do that later,
24 maybe in another bill.
25 This is not the way you do a

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1 budget, gentlemen and ladies, as I said

2 yesterday. We're doing these through messages
3 of necessity, we're doing them without the
4 memos on our desks required by the budget
5 reform law we all passed last year. We're
6 doing these prior to determining the revenues
7 available to the State of New York.
8 So in fact, you're functioning
9 blind on whether or not we have a balanced
10 budget and our appropriations will match our
11 revenues. And you're flying blind on the fact
12 that we've got language bills that don't match
13 appropriation bills, but we'll get to them
14 later. It's as if we're doing a game of
15 checkers or hopscotch as opposed to an actual
16 budget.
17 So while, of course, there are some
18 good things in the language bill, as there
19 were good things in the appropriations bill --
20 and no one can always be happy. But I'd
21 really like to know what it is we're voting on
22 before we vote for or against them. And since
23 we really can't say, I will vote against this
24 bill as I voted against last night's
25 appropriations bill.

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3 Krueger to be recorded in the negative.

7 Senators Adams, Hassell-Thompson, L. Krueger,
9 Ayes, 55. Nays, 5.
11 bill is passed.
12 Senator Skelos.
16 Senate will stand at ease until 5:00 p.m.
18 ease at 2:38 p.m.)
20 at 5:04 p.m.)
23 Senator Skelos.
24 SENATOR SKELOS: President
25 Griffo, I just wanted to mention that there

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1 will be an immediate conference of the
2 Majority in the Majority Conference Room, and
4 tonight.
6 will be an immediate meeting of the Senate
7 Majority in the Majority Conference Room, and

9 this evening.
11 ease at 5:05 p.m.)
13 at 8:15 p.m.)
14 SENATOR SKELOS: Mr. President.
17 Senator Skelos.
18 SENATOR SKELOS: The Senate will
19 stand adjourned at the call of the Majority
20 Leader.
22 Skelos, the Senate stands adjourned at the
23 call of the Majority Leader.
24 SENATOR SKELOS: Thank you,
25 Mr. President.

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2 Senate stands adjourned.
3 (Whereupon, at 8:16 p.m., the
4 Senate adjourned.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

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 all present to rise and join

5 in reciting the Pledge of Allegiance to the

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT GRIFFO: In the

10 absence of clergy, I ask everyone to bow their

11 heads in a moment of silence.

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 Wednesday, April 2, the Senate met pursuant to

18 adjournment. The Journal of Tuesday, April 1,

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 SKELOS: Mr. President,

9 if there are no substitutions at the desk, I'd

10 like to go to the noncontroversial reading of

12 ACTING PRESIDENT GRIFFO: There

14 And the Secretary will read.

16 SENATOR SKELOS: If we could

17 continue with the noncontroversial calendar.

18 ACTING PRESIDENT GRIFFO: The

19 Secretary will read.

20 THE SECRETARY: Calendar Number

21 30, by Senator Young, Senate Print 389 --

22 SENATOR SKELOS: Lay it aside

24 ACTING PRESIDENT GRIFFO: Lay it

Candyco Transcription Service, Inc.

1 THE SECRETARY: Calendar Number

3 act to amend the Labor Law and the Penal Law,

4 in relation to certain employment.

5 ACTING PRESIDENT GRIFFO: Read

6 the last section.

7 THE SECRETARY: Section 4. This

8 act shall take effect on the first of

10 ACTING PRESIDENT GRIFFO: Call

12 (The Secretary called the roll.)

13 THE SECRETARY: Ayes, 39.

14 ACTING PRESIDENT GRIFFO: The

16 THE SECRETARY: Calendar Number

17 151, by Senator Marcellino --

18 SENATOR SKELOS: Lay it aside

20 ACTING PRESIDENT GRIFFO: Lay it

22 THE SECRETARY: Calendar Number

23 184, by Senator Winner --