March 26 2008

Top of Form 1
Date: 03/26/2008
Session: Regular
882
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
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.)
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.
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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.
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.
25 Secretary will call the roll on

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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.
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.)
25 Resolution Calendar is adopted.

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1 Senator Skelos.
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.
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.
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.

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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

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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

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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.)
23 resolution is adopted.
24 Again, I remind the members that
25 the resolution is open for cosponsorship. If

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1 you do not wish to be a cosponsor, please
2 notify the desk.
3 Senator Skelos.
5 there will be an immediate meeting of the
6 Finance Committee in the Majority Conference
7 Room.
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.)

17 Senate will come to order.
18 Senator Skelos.
20 if we could go to the noncontroversial reading
21 of the calendar.
25 105, by Senator Larkin, Senate Print 186A, an

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1 act to amend the Public Health Law, in
2 relation to establishing.
3 SENATOR SKELOS: Lay it aside
4 temporarily, please.
6 bill is laid aside temporarily.
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.

20 bill is passed.
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.

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892
1 the last section.
3 act shall take effect on the 90th day.
5 the roll.
9 bill is passed.
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.
19 the roll.

23 bill is passed.
25 279, by Senator Maziarz, Senate Print 106A, an

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893
1 act to amend the Labor Law, in relation to job
2 protection for emergency service volunteers.
4 the last section.
8 the roll.
12 bill is passed.
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.
23 the roll.

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2 bill is passed.
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.
9 Young.
11 Mr. President. I'd like to explain my vote.
12 ACTING PRESIDENT GRIFFO: First,
13 the Secretary will read the last section.
17 the roll.
20 Young, to explain her vote.
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

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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.
20 Young to be recorded in the affirmative.
21 Announce the results.
24 bill is passed.

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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.
6 the last section.
10 the roll.
14 bill is passed.
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.
23 act shall take effect on the first of
24 November.

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1 the roll.
5 bill is passed.
7 432, by Senator Marcellino, Senate Print

8 4368A, an act to amend the Tax Law, in
9 relation to making technical corrections.
15 the roll.
19 bill is passed.
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.

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4 the roll.
8 bill is passed.
10 535, by Senator Larkin, Senate Print 644, an

11 act to amend the Penal Law, in relation to
12 forgery.
17 November.
19 the roll.
23 bill is passed.
25 543, by Senator Fuschillo, Senate Print 1540,

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1 an act to amend the Penal Law, in relation to
2 criminal impersonation.
4 the last section.
7 November.
9 the roll.
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.
22 SENATOR SKELOS: Mr. President.
24 Skelos.
25 SENATOR SKELOS: If we could just

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1 hold that bill up for a moment.
2 (Pause.)
4 the last section.
8 the roll.
10 THE SECRETARY: Ayes, 57. Nays,
11 1. Senator Hassell-Thompson recorded in the
12 negative.
14 bill is passed.
15 Senator Skelos, that completes the
16 reading of the noncontroversial calendar.

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,

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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.
15 if we could take up Calendar Number 604,
16 Senate Print 7241.
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.

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1 substitution is so ordered.
2 The Secretary will read.
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.
9 the last section.
13 the roll.
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.
25 substitution is so ordered.

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1 The Secretary will read the last
2 section.
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.
9 the last section.
13 the roll.
17 bill is passed.
18 Senator Skelos.
20 is there any further business at the desk?
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.

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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.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 March 26, 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 all present to please rise

5 and repeat with me the Pledge of Allegiance to

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

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

22 ACTING PRESIDENT GRIFFO: Without

23 objection, the Journal stands approved as

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

7 Motions and resolutions.

9 SENATOR YOUNG: Thank you,

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

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.

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.

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,