Feb 11, 2008

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Date: 02/11/2008 Session: Regular

302 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 11, 2008 11 3:15 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 303 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 to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: In 10 the absence of clergy, can we have a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read the Journal. 16 THE SECRETARY: In Senate, 17 Saturday, February 9, the Senate met pursuant 18 to adjournment. The Journal of Friday, 19 February 8, 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 304 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 Seward, could you help us 8 with some motions, please. 9 SENATOR SEWARD: Certainly, 10 Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, sir. 13 SENATOR SEWARD: I move to amend 14 Senate Bill 6331B by striking out the 15 amendments made on February 6 and restoring it 16 to its previous print number, 6331A. This is 17 on behalf of Senator Maltese. 18 ACTING PRESIDENT MARCELLINO: So 19 ordered. 20 SENATOR SEWARD: On behalf of 21 Senator Maziarz, on page 22 I offer the 22 following amendments to Calendar Number 216, 23 Senate Print Number 1629, and ask that the 24 said bill retain its place on the Third 25 Reading Calendar. Candyco Transcription Service, Inc. (518) 371-8910 305 1 ACTING PRESIDENT MARCELLINO: The

2 amendments are received and accepted, and the 3 bill will retain its place on the Third 4 Reading Calendar. 5 SENATOR SEWARD: Also on behalf 6 of Senator Maziarz, Mr. President, on 7 page number 22 I offer the following 8 amendments to Calendar Number 218, Senate 9 Print Number 1890, and ask that that bill 10 retain its place on the Third Reading 11 Calendar. 12 ACTING PRESIDENT MARCELLINO: 13 Those amendments are received and accepted, 14 and that bill will retain its place on the 15 Third Reading Calendar. 16 Thank you, Senator Seward. 17 SENATOR SEWARD: Thank you, 18 Mr. President. 19 ACTING PRESIDENT MARCELLINO: 20 Senator Hannon. 21 SENATOR HANNON: Yes, Mr. 22 President, there's a resolution at the desk by 23 Senator Sampson. Could we please have the 24 title read and move for its immediate 25 adoption. Candyco Transcription Service, Inc. (518) 371-8910 306 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Sampson, Legislative Resolution Number 4198,

5 urging the New York State Congressional 6 Delegation to take swift and decisive action 7 to resolve the subprime mortgage crisis in the 8 State of New York and in the United States. 9 ACTING PRESIDENT MARCELLINO: The 10 question is on the resolution. All in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MARCELLINO: The 17 resolution is adopted. 18 Senator Hannon. 19 SENATOR HANNON: Mr. President, I 20 wish to call up Senate Print 6418A, recalled 21 from the Assembly, which is now at the desk. 22 ACTING PRESIDENT MARCELLINO: The 23 Secretary will read the title. 24 THE SECRETARY: Calendar Number 25 45, by the Senate Committee on Rules, Senate Candyco Transcription Service, Inc. (518) 371-8910 307 1 Print 6418A, an act to amend the Public Health 2 Law. 3 SENATOR HANNON: I now move to 4 reconsider the vote by which this bill was 5 passed and ask that the bill be restored to 6 the order of third reading. 7 ACTING PRESIDENT MARCELLINO: The

8 Secretary will call the roll on 9 reconsideration. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 39. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is restored to third reading, Senator 14 Hannon. 15 SENATOR HANNON: I now offer the 16 following amendments. 17 ACTING PRESIDENT MARCELLINO: The 18 amendments are received and accepted. 19 SENATOR HANNON: I now move to 20 discharge, from the Committee on Health, 21 Assembly Print Number 9357A and substitute it 22 for my identical bill. And I now move that 23 the substituted Assembly bill have its third 24 reading at this time. 25 ACTING PRESIDENT MARCELLINO: The Candyco Transcription Service, Inc. (518) 371-8910 308 1 substitution is ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 45, substituted earlier by Member of the 5 Assembly Ortiz, Assembly Print Number 9357A, 6 an act to amend the Public Health Law. 7 ACTING PRESIDENT MARCELLINO: The 8 Secretary will read the last section. 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, 39. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 Senator Hannon. 18 SENATOR HANNON: Mr. President, 19 may we now have the noncontroversial reading 20 of the calendar. 21 ACTING PRESIDENT MARCELLINO: The 22 Secretary will read the noncontroversial 23 calendar. 24 THE SECRETARY: Calendar Number 25 32, by Senator Saland, Senate Print 1073A, an Candyco Transcription Service, Inc. (518) 371-8910 309 1 act to amend the Criminal Procedure Law. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 39. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 49, by Senator Maziarz, Senate Print 4786A, an

14 act to amend the Labor Law. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect on the 120th day. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 39. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 310 1 123, by Senator Robach, Senate Print 5287A, an 2 act to amend the Retirement and Social 3 Security Law. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 39. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 148, by Senator Padavan, Senate Print 90, an 16 act to amend the Penal Law.

17 ACTING PRESIDENT MARCELLINO: 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the first of 21 November. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 39. Candyco Transcription Service, Inc. (518) 371-8910 311 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 150, by Senator Volker, Senate Print 566, an 5 act to amend the Penal Law. 6 ACTING PRESIDENT MARCELLINO: 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of 10 November. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 39. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 152, by Senator Marcellino, Senate Print 618, 19 an act to amend the Penal Law.

20 ACTING PRESIDENT MARCELLINO: 21 Read the last section, please. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of January. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. Candyco Transcription Service, Inc. (518) 371-8910 312 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 40. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 154, by Senator Skelos, Senate Print 638, an 7 act to amend the Criminal Procedure Law and 8 the Family Court Act. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 6. This 12 act shall take effect on the first of 13 November. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 40. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 155, by Senator Flanagan, Senate Print 680, an 22 act to amend the Penal Law.

23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 313 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, 40. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 157, by Senator Little, Senate Print 1117, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT MARCELLINO: 13 Read the last section. 14 THE SECRETARY: Section 4. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 40. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 160, by Senator Flanagan, Senate Print 695, an 25 act to amend the General Business Law.

Candyco Transcription Service, Inc. (518) 371-8910 314 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 40. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 165, by Senator Fuschillo, Senate Print 2360C, 13 an act to amend the General Business Law. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 40. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 178, by Senator DeFrancisco, Senate Print Candyco Transcription Service, Inc. (518) 371-8910 315 1 1264, an act to amend the Real Property Law.

2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 40. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 199, by Senator Larkin, Senate Print 236, an 14 act to amend the Tax Law. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 40. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 316 1 201, by Senator Trunzo, Senate Print 1321, an 2 act to amend the Public Officers Law. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section.

5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MARCELLINO: 8 Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 40. 11 ACTING PRESIDENT MARCELLINO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 203, by Senator Winner, Senate Print 4426, an 15 act to amend the Tax Law. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 40. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 317 1 THE SECRETARY: Calendar Number 2 205, by Senator Volker, Senate Print 6631, an 3 act to amend Chapter 185 of the Laws of 2005, 4 amending the Tax Law. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This

8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 40. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 Senator Hannon, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR HANNON: Mr. President, 18 is there any other business at the desk? 19 ACTING PRESIDENT MARCELLINO: No, 20 Senator, the desk is clear. 21 SENATOR HANNON: All right. Then 22 there being no further business, I move we 23 adjourn until Tuesday, February 12th, at 24 3:00 p.m. 25 ACTING PRESIDENT MARCELLINO: On Candyco Transcription Service, Inc. (518) 371-8910 318 1 motion, the Senate stands adjourned until 2 Tuesday, February 12th, at 3:00 p.m. 3 (Whereupon, at 3:25 p.m., the 4 Senate adjourned.) 5 6 7 8 9 10

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