Feb 5, 2008

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Date: 02/05/2008 Session: Regular

262 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 5, 2008 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR GEORGE D. MAZIARZ, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 263 1 P R O C E E D I N G S 2 ACTING PRESIDENT MAZIARZ: The 3 Senate will come to order. 4 I would ask everyone to please rise 5 for the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MAZIARZ: The 9 invocation today will be given by the Reverend 10 David Costantino, pastor of the Light House 11 Baptist Church, which is located in the 12 absolute best city in the entire state of 13 New York, the city of North Tonawanda. 14 Reverend Costantino. 15 REVEREND YOUNG: Thank you. I 16 was asked to give a $35 prayer. I don't know 17 what that is, but I'll do my best. I guess 18 they say preachers are paid to be good; 19 everyone else is just good for nothing. So I 20 think what's going to go on here is a little 21 bit more than that. 22 So let's bow our heads for prayer, 23 and let's call on our great God and ask for 24 wisdom. 25 Our heavenly Father, we come before

Candyco Transcription Service, Inc. (518) 371-8910 264 1 You in the name of Jesus Christ and 2 acknowledging You as Lord of our lives and 3 admitting to You that we need You today. You 4 said in all thy ways acknowledge You, and You 5 shall direct our paths. 6 So, God, we admit to You that we're 7 finite beings but that You're the one who is 8 infinite, You're the one who is all-wise and 9 all-powerful. 10 And we pray that You'll bless what 11 goes on here today and give all here wisdom 12 and guidance and help to realize Your 13 presence, that You're aware of all that is 14 said and done. 15 We pray in Jesus' name, amen. 16 ACTING PRESIDENT MAZIARZ: Thank 17 you very much, Reverend. 18 Reading of the Journal. 19 THE SECRETARY: In Senate, 20 Monday, February 4, the Senate met pursuant to 21 adjournment. The Journal of Friday, February 22 1, was read and approved. On motion, Senate 23 adjourned. 24 ACTING PRESIDENT MAZIARZ: 25 Without objection, the Journal stands approved Candyco Transcription Service, Inc. (518) 371-8910 265

1 as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could adopt the Resolution Calendar, 13 with the exception of Resolution 4146. 14 ACTING PRESIDENT MAZIARZ: All in 15 favor of adopting the Resolution Calendar, 16 with the exception of Resolution Number 4146, 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT MAZIARZ: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT MAZIARZ: The 23 Resolution Calendar is adopted. 24 Senator Skelos. 25 SENATOR SKELOS: If we could take Candyco Transcription Service, Inc. (518) 371-8910 266 1 up Resolution 4146, by Senator Bruno, have it 2 read in its entirety, and move for its 3 immediate adoption.

4 ACTING PRESIDENT MAZIARZ: The 5 Secretary will read. 6 THE SECRETARY: By Senator Bruno, 7 Legislative Resolution Number 4146, 8 recognizing February 8, 2008, as "Blue 9 Friday." 10 "WHEREAS, The State of New York 11 takes great pride in participating in 12 significant days of recognition; and 13 "WHEREAS, Albany radio station WGNA 14 has teamed up with the Capital District 15 Chapter of Concerns of Police Survivors, 16 Inc. -- COPS -- in recognizing February 8, 17 2008, as "Blue Friday," in honor of all law 18 enforcement officers who have given their 19 lives in the line of duty, as well as all 20 those still serving; and 21 "WHEREAS, COPS, organized in 1984 22 with approximately 110 members, has grown into 23 a nationwide nonprofit organization with 48 24 chapters throughout the United States and an 25 affiliate in the United Kingdom. Its mission Candyco Transcription Service, Inc. (518) 371-8910 267 1 is to help rebuild the lives of survivors of 2 law enforcement officers killed in the line of 3 duty by serving as a clearinghouse for federal 4 and state benefits information and resources 5 that may be available to the surviving 6 families; and

7 "WHEREAS, COPS also provides 8 training to law enforcement agencies on 9 survivor victimization issues and educates the 10 public of the need to support the law 11 enforcement profession and its survivors; and 12 "WHEREAS, Each year, between 140 13 and 160 officers are killed in the line of 14 duty, and their families and coworkers are 15 left to cope with the tragic loss; and 16 "WHEREAS, Today's COPS membership, 17 including spouses, children, parents, 18 siblings, significant others, and coworkers of 19 officers killed in the line of duty, consists 20 of more than 12,000 families; and 21 "WHEREAS, February 8th is a 22 reminder to pay tribute to those in the law 23 enforcement community who has made the 24 ultimate sacrifice; and 25 "WHEREAS, On February 8, 2008, from Candyco Transcription Service, Inc. (518) 371-8910 268 1 6:00 a.m. until 10:00 a.m., WGNA, DeNooyer 2 Chevrolet and COPS will be taking a Donation 3 for a Carnation, selling blue carnations and 4 special edition "Blue Friday" T-shirts at both 5 DeNooyer Chevrolet in Colonie, New York, and 6 Pizzeria Uno, Saratoga Springs, New York. 7 Over 25 agencies will be represented at the 8 two locations, and all proceeds will go 9 directly to COPS; and

10 "WHEREAS, The State of New York is 11 eternally grateful for the service of its 12 brave men and women in law enforcement, and 13 applauds the efforts of COPS to assist the 14 families of those who have made the ultimate 15 sacrifice; now, therefore, be it 16 "RESOLVED, That this Legislative 17 Body pause in its deliberations to recognize 18 February 8, 2008, as "Blue Friday"; and be it 19 further 20 "RESOLVED, That copies of this 21 resolution, suitably engrossed, be transmitted 22 to WGNA and COPS." 23 ACTING PRESIDENT MAZIARZ: The 24 question is on the resolution. All in favor 25 signify by saying aye. Candyco Transcription Service, Inc. (518) 371-8910 269 1 Senator Farley. 2 SENATOR FARLEY: We'll pass the 3 resolution; I'll speak to it. 4 ACTING PRESIDENT MAZIARZ: All in 5 favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MAZIARZ: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MAZIARZ: The 11 resolution is adopted. 12 Senator Farley.

13 SENATOR FARLEY: Thank you very 14 much, Mr. President. 15 I rise -- Senator Bruno wished to 16 be here, because it's a resolution by both of 17 us -- to honor "Blue Friday," which is this 18 Friday coming up. 19 And I'm here to say that in the 20 hearts of all New Yorkers, there's not a 21 single act of bravery greater than the men and 22 women of law enforcement who have made the 23 ultimate sacrifice and died in the line of 24 duty, protecting the safety and the lives of 25 others. Candyco Transcription Service, Inc. (518) 371-8910 270 1 You know, this is a wonderful thing 2 that WGNA and the organization called COPS 3 does to honor these people. And today we have 4 in the gallery a number of people that are 5 significant. Basically, I'd like to introduce 6 them all to you. 7 But let me just say that WGNA, 8 which is a local radio station -9 incidentally, it is the number-one radio 10 station in this area, and one that I listen to 11 all the time and every morning. 12 And with us today, we have officer 13 and president of COPS Pat Fox, retired from 14 the Albany Police. Also, Bob Fitzgerald, 15 who's not with us here today, he's vice

16 president. 17 And let me introduce to you, from 18 WGNA, Bob Ausfeld, the regional vice 19 president. Bob? And also Tom Jacobson, the 20 program director. Tom? 21 And the three stars that we have up 22 there, the DJs: Sean McMaster -- there he 23 is -- who's a big Giants fan; and Richie 24 Phillips, the great Richie Phillips, who does 25 a thing on the Senate and the Assembly and Candyco Transcription Service, Inc. (518) 371-8910 271 1 legislators; and of course Casey Danton, who 2 also works with them. Casey? And also with 3 us we have Selena Dutcher, the marketing 4 director. 5 We're very, very pleased that this 6 Friday, at DeNooyer Chevrolet and up at 7 Pizzeria Uno, they will be selling blue 8 carnations and T-shirts on behalf of COPS. 9 And we thank you for your service. 10 We thank you for what you're doing for fallen 11 police officers. Everybody in this Senate and 12 in this Legislature in general is thrilled and 13 pleased to honor you because of all the 14 service that these police officers have given. 15 And every day, their lives are in 16 danger. We've had so many tragedies, even 17 this year I think in the double figures, 10 or 18 12 that have also given their lives.

19 With that, Mr. President, I support 20 the resolution. 21 ACTING PRESIDENT MAZIARZ: The 22 resolution is adopted. 23 Thank you very much for your 24 service. 25 Senator Skelos. Candyco Transcription Service, Inc. (518) 371-8910 272 1 SENATOR SKELOS: Mr. President, 2 if we could go to the noncontroversial reading 3 of the calendar. 4 ACTING PRESIDENT MAZIARZ: The 5 Secretary will read. 6 SENATOR SKELOS: Mr. President, 7 if we could do a substitution first. 8 ACTING PRESIDENT MAZIARZ: The 9 Secretary will read the substitution. 10 Resolution 4146 will be open to all 11 members except those who report to the desk 12 that they do not want to be on it. 13 Senator Skelos. 14 SENATOR SKELOS: I believe 15 there's one substitution at the desk. 16 ACTING PRESIDENT MAZIARZ: The 17 Secretary will read. 18 THE SECRETARY: On page 19, 19 Senator Libous moves to discharge, from the 20 Committee on Insurance, Assembly Bill Number 21 6344B and substitute it for the identical

22 Senate Bill Number 4097A, Third Reading 23 Calendar 141. 24 ACTING PRESIDENT MAZIARZ: 25 Substitution ordered. Candyco Transcription Service, Inc. (518) 371-8910 273 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 if we could now go to the noncontroversial 4 reading of the calendar. 5 ACTING PRESIDENT MAZIARZ: The 6 `Secretary will read. 7 THE SECRETARY: Calendar Number 8 80, by Senator Larkin, Senate Print 343, an 9 act to amend the Agriculture and Markets Law, 10 in relation to including. 11 ACTING PRESIDENT MAZIARZ: Read 12 the last section. 13 THE SECRETARY: Section 13. This 14 act shall take effect on the 180th day. 15 ACTING PRESIDENT MAZIARZ: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MAZIARZ: 19 Senator Skelos. 20 SENATOR SKELOS: If I could point 21 out, you mentioned the bill will become 22 effective on its 180th day. 23 Today we're celebrating the 80th 24 birthday of one of our esteemed colleagues --

25 war hero, friend, great public official -- and Candyco Transcription Service, Inc. (518) 371-8910 274 1 we wish him 180 years: Our colleague, Senator 2 Bill Larkin. 3 Bill, happy birthday. 4 (Standing ovation.) 5 ACTING PRESIDENT MAZIARZ: Happy 6 birthday, Senator Larkin, and many, many, many 7 more. 8 The Secretary will announce the 9 results of Senate Print 343. 10 THE SECRETARY: Those recorded in 11 the negative are Senators Duane and Padavan. 12 Ayes, 53. Nays, 2. 13 ACTING PRESIDENT MAZIARZ: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 82, by Senator Young, Senate Print 3714A, an 17 act to amend the Agriculture and Markets Law, 18 in relation to including. 19 ACTING PRESIDENT MAZIARZ: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MAZIARZ: Call 24 the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910

275 1 ACTING PRESIDENT MAZIARZ: 2 Announce the results. 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT MAZIARZ: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 91, by Senator Flanagan, Senate Print 837, an 8 act to amend the Public Authorities Law, in 9 relation to tort claims. 10 ACTING PRESIDENT MAZIARZ: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MAZIARZ: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MAZIARZ: 18 Announce the results. 19 THE SECRETARY: Ayes, 55. 20 ACTING PRESIDENT MAZIARZ: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 92, by Senator Leibell, Senate Print 3791, an 24 act to amend the Not-for-Profit Corporation 25 Law, in relation to maintenance. Candyco Transcription Service, Inc. (518) 371-8910 276 1 ACTING PRESIDENT MAZIARZ: Read 2 the last section.

3 THE SECRETARY: Section 3. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT MAZIARZ: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MAZIARZ: 9 Announce the results. 10 THE SECRETARY: Ayes, 56. 11 ACTING PRESIDENT MAZIARZ: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 95, by Senator Flanagan, Senate Print 4175A, 15 an act to amend the Public Authorities Law, in 16 relation to powers of subsidiaries. 17 ACTING PRESIDENT MAZIARZ: Read 18 the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MAZIARZ: 25 Announce the results. Candyco Transcription Service, Inc. (518) 371-8910 277 1 THE SECRETARY: Ayes, 56. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 96, by Senator Saland, Senate Print 6214, an

6 act to amend the Public Authorities Law, in 7 relation to authorizing. 8 ACTING PRESIDENT MAZIARZ: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MAZIARZ: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MAZIARZ: 16 Announce the results. 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT MAZIARZ: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 111, by Senator Winner, Senate Print 903, an 22 act to amend the Highway Law, in relation to 23 establishing. 24 ACTING PRESIDENT MAZIARZ: Read 25 the last section. Candyco Transcription Service, Inc. (518) 371-8910 278 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MAZIARZ: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MAZIARZ: 7 Announce the results. 8 THE SECRETARY: Ayes, 55. Nays,

9 1. Senator Duane recorded in the negative. 10 ACTING PRESIDENT MAZIARZ: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 112, by Senator Libous, Senate Print 1655A, an 14 act to amend the Highway Law, in relation to 15 designating. 16 ACTING PRESIDENT MAZIARZ: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MAZIARZ: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MAZIARZ: 24 Announce the results. 25 THE SECRETARY: Ayes, 56. Candyco Transcription Service, Inc. (518) 371-8910 279 1 ACTING PRESIDENT MAZIARZ: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 113, by Senator Skelos, Senate Print 3573, an 5 act to amend the Vehicle and Traffic Law, in 6 relation to allowing photo images. 7 ACTING PRESIDENT MAZIARZ: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MAZIARZ: Call

12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MAZIARZ: 15 Announce the results. 16 THE SECRETARY: Ayes, 58. 17 ACTING PRESIDENT MAZIARZ: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 132, by Senator Maziarz, Senate Print 1627, an 21 act to amend the Workers' Compensation Law, in 22 relation to disqualifying. 23 ACTING PRESIDENT MAZIARZ: Read 24 the last section. 25 THE SECRETARY: Section 2. This Candyco Transcription Service, Inc. (518) 371-8910 280 1 act shall take effect on the first of July. 2 ACTING PRESIDENT MAZIARZ: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MAZIARZ: 6 Announce the results. 7 THE SECRETARY: Ayes, 58. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 139, by Senator Seward, Senate Print 2397A, an 12 act to amend the Insurance Law, in relation to 13 permitting. 14 ACTING PRESIDENT MAZIARZ: Read

15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT MAZIARZ: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MAZIARZ: 22 Announce the results. 23 THE SECRETARY: Ayes, 58. 24 ACTING PRESIDENT MAZIARZ: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 281 1 THE SECRETARY: Calendar Number 2 141, substituted earlier today by Member of 3 the Assembly Gunther, Assembly Print Number 4 6344B, an act to amend the Insurance Law. 5 ACTING PRESIDENT MAZIARZ: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT MAZIARZ: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MAZIARZ: 13 Announce the results. 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 THE SECRETARY: Calendar Number

18 146, by Senator Padavan, Senate Print 84, an 19 act to amend the Penal Law, in relation to the 20 definition of the term "retail value." 21 ACTING PRESIDENT MAZIARZ: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of 25 November. Candyco Transcription Service, Inc. (518) 371-8910 282 1 ACTING PRESIDENT MAZIARZ: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MAZIARZ: 5 Announce the results. 6 THE SECRETARY: Ayes, 57. Nays, 7 1. Senator Duane recorded in the negative. 8 ACTING PRESIDENT MAZIARZ: The 9 bill is passed. 10 Senator Skelos, that completes the 11 reading of the noncontroversial calendar. 12 SENATOR SKELOS: Mr. President, 13 is there any further business at the desk? 14 ACTING PRESIDENT MAZIARZ: There 15 is none, Senator Skelos. 16 SENATOR SKELOS: There being 17 none, I move we stand adjourned until 18 Wednesday, February 6th, at 11:00 a.m. 19 ACTING PRESIDENT MAZIARZ: The 20 Senate will stand adjourned until Wednesday,

21 February 6th, at 11:00 a.m. 22 (Whereupon, at 3:22 p.m., the 23 Senate adjourned.) 24 25 Candyco Transcription Service, Inc. (518) 371-8910