Feb 25, 2008

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Date: 02/25/2008 Session: Regular

449 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 25, 2008 11 3:02 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 450 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 with me and repeat the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: 10 Today we will have our opening prayer from 11 Reverend Peter G. Young, of Mother Theresa 12 Community in Albany. 13 REVEREND YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 O God, the Builder of all things, 17 You have placed on us the obligation of toil. 18 Granted, the work we begin may serve to better 19 our lives in New York State and, through the 20 good work and the goodness, contribute to the 21 spread of the call of Your people. 22 May God pour forth His blessings on 23 our legislators and provide them with the 24 spirit of courage to accept the many demands 25 of their elected senatorial office.

Candyco Transcription Service, Inc. (518) 371-8910 451 1 Amen. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you. 4 May we have the reading of the 5 Journal, please. 6 THE SECRETARY: In Senate, 7 Friday, February 22, the Senate met pursuant 8 to adjournment. The Journal of Thursday, 9 February 21, was read and approved. On 10 motion, Senate adjourned. 11 ACTING PRESIDENT MARCELLINO: 12 Without objection, the Journal stands approved 13 as read. 14 Presentation of petitions. 15 Messages from the Assembly. 16 Messages from the Governor. 17 Reports of standing committees. 18 Reports of select committees. 19 Communications and reports from 20 state officers. 21 Motions and resolutions. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there's a Resolution 4207 at the desk, by 25 Senator Bruno. If we could have the title Candyco Transcription Service, Inc. (518) 371-8910 452 1 read and move for its immediate adoption.

2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read. 4 THE SECRETARY: By Senator Bruno, 5 Legislative Resolution 4207, memorializing 6 Governor Eliot Spitzer to proclaim February 24 7 through March 1, 2008, as Eating Disorders 8 Awareness Week in the State of New York. 9 ACTING PRESIDENT MARCELLINO: All 10 in favor of the resolution signify by saying 11 aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO: 14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MARCELLINO: The 17 resolution is accepted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 Resolution 3728 is at the desk, by Senator 21 Seward. If we could have it read in its 22 entirety and move for its immediate adoption. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read. 25 THE SECRETARY: By Senator Candyco Transcription Service, Inc. (518) 371-8910 453 1 Seward, Legislative Resolution Number 3728, 2 congratulating the Marathon High School Field 3 Hockey Team and Coach Karen Funk upon the 4 occasion of capturing its second consecutive

5 New York State Class C Championship. 6 "WHEREAS, It is the sense of this 7 Legislative Body to recognize and pay tribute 8 to those young people within the State of 9 New York who have inspired and brought pride 10 to their school and community by achieving 11 outstanding success in athletic competition; 12 and 13 "WHEREAS, Attendant to such 14 concern, and in full accord with its 15 long-standing traditions, this Legislative 16 Body is justly proud to congratulate the 17 Marathon High School Field Hockey Team and 18 Coach Karen Funk upon the occasion of 19 capturing its second consecutive New York 20 State Class C Championship; and 21 "WHEREAS, The 2007 New York State 22 Class C Champions, the Marathon High School 23 Olympians, defeated Warrensburg High School 24 1-0 in overtime to finish the season with a 25 22-1 record; and Candyco Transcription Service, Inc. (518) 371-8910 454 1 "WHEREAS, In addition, the Marathon 2 High School Field Hockey Team repeated as 3 New York State champions for the third time 4 and claimed its eighth title overall; and 5 "WHEREAS, The athletic talent 6 displayed by this team is due in great part to 7 the efforts of Coach Karen Funk, a skilled and

8 inspiration tutor, who has done a superb job 9 in guiding, molding and inspiring the team 10 members toward their goals; and 11 "WHEREAS, Loyally and 12 enthusiastically supported by family, fans, 13 friends and the community at large, the 14 members of the Marathon High School Field 15 Hockey Team have proven themselves to be an 16 unbeatable combination of athletic and 17 academic talents, reflecting favorably on 18 their school; and 19 "WHEREAS, From the opening game of 20 the season to participation in the New York 21 State Class C Championship, the hallmarks of 22 the Marathon High School Field Hockey Team 23 were a sisterhood of athletic ability, good 24 sportsmanship, honor and scholarship, 25 demonstrating that these team players are Candyco Transcription Service, Inc. (518) 371-8910 455 1 second to none; and 2 "WHEREAS, Sports competition 3 instills the values of teamwork, pride and 4 accomplishment, and Coach Karen Funk and the 5 outstanding athletes on the Marathon High 6 School Field Hockey Team have clearly made a 7 contribution to the spirit of excellence which 8 is a tradition of their school; now, 9 therefore, be it 10 "RESOLVED, That this Legislative

11 Body pause in its deliberations to 12 congratulate the Marathon High School Field 13 Hockey Team and Coach Karen Funk upon the 14 occasion of capturing its second consecutive 15 New York State Class C Championship; and be it 16 further 17 "RESOLVED, That a copy of this 18 resolution, suitably engrossed, be transmitted 19 to the Marathon High School Field Hockey Team 20 and Coach Karen Funk." 21 ACTING PRESIDENT MARCELLINO: On 22 the resolution, Senator Seward. 23 SENATOR SEWARD: Yes, thank you, 24 Mr. President. 25 I'm very proud, as the State Candyco Transcription Service, Inc. (518) 371-8910 456 1 Senator representing the Marathon Central 2 School District, and very proud as the Senator 3 from the 51st Senatorial District to stand to 4 congratulate the Marathon High School 5 Olympians, the 2007 New York State Class C 6 Field Hockey Champions. 7 You know, this outstanding team, 8 which is in the gallery here today, along with 9 their coach, Karen Funk, defeated Warrensburg 10 High School in a thrilling one-to-nothing 11 overtime game in the state championship. 12 You know, at Marathon we say we 13 have a girls field hockey dynasty, because

14 this is the second year in a row that this 15 outstanding team at this school has been our 16 Class C State Champions. It's their eighth 17 title overall. 18 This is a relatively small school, 19 just about a thousand students. Even for a 20 Class C school, it's relatively small. But 21 they have a great deal of talent and they have 22 a great deal of spirit. 23 And I think, without question, the 24 fact that we have an outstanding coach at 25 Marathon in field hockey, Coach Karen Funk, Candyco Transcription Service, Inc. (518) 371-8910 457 1 who has been at the school and with this 2 program since 1974 and has built this program 3 from the ground up and has done an outstanding 4 job -- she's truly a skilled and inspirational 5 leader for this team. 6 And her talents as a coach have 7 been recognized nationally because Coach Karen 8 Funk, I'm very pleased to announce, is the 9 National High School Field Hockey Coach of the 10 Year. 11 We're very proud of that as well, 12 Karen. 13 (Applause.) 14 SENATOR SEWARD: In addition to 15 this team's athletic ability, they are also 16 scholar-athletes. Because when you compute

17 the overall average of 12 students on this 18 team, they have a 91 academic average. So 19 they're not only talented on the field, but 20 also they are scholars. 21 You know, they have excelled in 22 competitive sports very, very well. And when 23 you think about competitive sports, 24 particularly at the high school level, it 25 instills a lot of values and skills that will Candyco Transcription Service, Inc. (518) 371-8910 458 1 be used throughout the lives of these very 2 talented women: the values of teamwork, 3 pride, working toward a goal and 4 accomplishment, as well as self-discipline. 5 You know, it's rather cliched to 6 say that our young people are our future, but 7 I'm going to say it. This team represents all 8 the best of our future. When I think about 9 that, with the future in the hands of these 10 very talented and outstanding group of young 11 women, I say the future is very bright indeed. 12 Congratulations once again to the 13 Marathon High School Field Hockey Team, our 14 Class C State Champions. Congratulations. 15 (Applause.) 16 ACTING PRESIDENT MARCELLINO: On 17 the resolution, all in favor signify by saying 18 aye. 19 (Response of "Aye.")

20 ACTING PRESIDENT MARCELLINO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT MARCELLINO: The 24 resolution is passed unanimously. 25 Ladies, congratulations, and keep Candyco Transcription Service, Inc. (518) 371-8910 459 1 up the good work. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could go to the noncontroversial reading 5 of the calendar. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: Calendar Number 9 47, by Member of the Assembly Weisenberg, 10 Assembly Print Number 9471, an act to amend 11 the Public Health Law, in relation to child 12 food choking prevention. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MARCELLINO: 18 Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 ACTING PRESIDENT MARCELLINO: The 22 bill is passed.

23 THE SECRETARY: Calendar Number 24 70, by Senator Robach, Senate Print 6652, an 25 act to amend the Civil Service Law, in Candyco Transcription Service, Inc. (518) 371-8910 460 1 relation to reassignment. 2 ACTING PRESIDENT MARCELLINO: 3 Read the last section. 4 THE SECRETARY: Section 2. 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, 52. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 110, by Senator Maziarz, Senate Print 45A, an 14 act to amend the Vehicle and Traffic Law, in 15 relation to repeat convictions. 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, 52. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed.

Candyco Transcription Service, Inc. (518) 371-8910 461 1 THE SECRETARY: Calendar Number 2 138, by Senator Seward, Senate Print 805B, an 3 act to amend the Insurance Law, in relation to 4 foreign investments. 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, 52. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 147, by Senator Padavan, Senate Print 85, an 17 act to amend the Penal Law, in relation to 18 establishing. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of 23 November. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. Candyco Transcription Service, Inc. (518) 371-8910 462 1 (The Secretary called the roll.)

2 THE SECRETARY: Ayes, 52. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 156, by Senator Volker, Senate Print 856, an 7 act to amend the Penal Law, in relation to 8 burglary in buildings. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 53. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 163, by Senator Fuschillo, Senate Print 1547, 21 an act to amend the General Business Law, in 22 relation to increasing the civil penalty. 23 ACTING PRESIDENT MARCELLINO: 24 Read the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 463 1 act shall take effect immediately. 2 ACTING PRESIDENT MARCELLINO: 3 Call the roll. 4 (The Secretary called the roll.)

5 THE SECRETARY: Ayes, 53. 6 ACTING PRESIDENT MARCELLINO: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 164, by Senator Skelos, Senate Print 2041, an 10 act to amend the General Business Law, in 11 relation to the sale of laser pointing 12 devices. 13 ACTING PRESIDENT MARCELLINO: 14 Read the last section. 15 THE SECRETARY: Section 5. This 16 act shall take effect on the first of 17 September. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. 22 ACTING PRESIDENT MARCELLINO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 180, by Senator DeFrancisco, Senate Print Candyco Transcription Service, Inc. (518) 371-8910 464 1 1270, an act to amend the Estates, Powers and 2 Trusts Law, in relation to disqualification. 3 ACTING PRESIDENT MARCELLINO: 4 Read the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of January 7 next succeeding.

8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 182, by Senator Hannon, Senate Print 1659, an 16 act to amend the Lien Law, in relation to 17 allowing service. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 53. Candyco Transcription Service, Inc. (518) 371-8910 465 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 219, by Senator Maziarz, Senate Print 3712, an 5 act to amend the Labor Law, in relation to 6 regulation. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 4. 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, 54. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 241, by Senator Morahan, Senate Print 2443A, 19 an act to amend the General Business Law, in 20 relation to certain hotels, motels, and motor 21 courts with balconies. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect on the 60th day. Candyco Transcription Service, Inc. (518) 371-8910 466 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 Senator Skelos, that completes the 8 reading of the noncontroversial calendar. 9 SENATOR SKELOS: Thank you, 10 Mr. President. 11 Is there any further business at 12 the desk? 13 ACTING PRESIDENT MARCELLINO: No,

14 the desk is clear, sir. 15 SENATOR SKELOS: Thank you. 16 While love is in the air, I move we 17 stand adjourned until tomorrow -18 (Laughter.) 19 SENATOR SKELOS: -- which is 20 Tuesday, January 26th, at 3:00 p.m. 21 February. That's February 26th. 22 ACTING PRESIDENT MARCELLINO: A 23 date which will live in infamy. 24 On motion, the Senate stands 25 adjourned until tomorrow, February 26th, at Candyco Transcription Service, Inc. (518) 371-8910 467 1 3:00 p.m. 2 (Whereupon, at 3:16 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16

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