Jan 14

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Date: 01/14/2008 Session: Regular

36 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 14, 2008 11 3:09 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 37 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask all assembled to rise 5 and join with me in reciting our Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Today our 10 invocation will be delivered by Father William 11 J. Pape. He is of the Cathedral of the 12 Immaculate Conception of Albany. 13 REVEREND PAPE: Let us place 14 ourselves in the presence of God. 15 Lord God, we stand before You aware 16 of our mortality today, as we remember Barbara 17 "Bobbie" Bruno and give You thanks for her 18 life and her presence in our lives. Her gifts 19 as wife, mother and grandmother sustained her 20 family and brought her joy. May her love of 21 family and life be fulfilled as she now stands 22 in Your presence. 23 Give her husband and her sons and 24 daughters the comfort that comes from knowing 25 that she is at rest and free from the burdens

Candyco Transcription Service, Inc. (518) 371-8910 38 1 of this life. 2 Lord, we pray also for this Empire 3 State and the members of this Senate. May 4 they work cooperatively to build this great 5 state in greatness of opportunity where all 6 can advance in human progress. 7 Give them wisdom, vision, skills, 8 knowledge and will, to carry out what is most 9 noble in the human spirit and in government. 10 We ask this in Your holy name. 11 Amen. 12 THE PRESIDENT: The reading of 13 the Journal. 14 THE SECRETARY: In Senate, 15 Sunday, January 13, the Senate met pursuant to 16 adjournment. The Journal of Saturday, 17 January 12, was read and approved. On motion, 18 Senate adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees. Candyco Transcription Service, Inc. (518) 371-8910 39

1 The Secretary will read. 2 THE SECRETARY: Senator Leibell, 3 from the Committee on Veterans, Homeland 4 Security and Military Affairs, reports the 5 following bill direct to third reading: 6 Senate Print 6509, by Senator Leibell, an act 7 to amend the Real Property Tax Law. 8 THE PRESIDENT: The bill is 9 reported directly to third reading. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Little. 15 SENATOR LITTLE: Thank you, 16 Mr. President. 17 On behalf of Senator Maltese, I 18 move to amend Senate Bill Number 6495A by 19 striking out the amendments made on 20 January 11th and restoring it to its original 21 print number, 6495. 22 THE PRESIDENT: So ordered. 23 SENATOR LITTLE: Thank you. 24 On behalf of Senator Larkin, I move 25 that the following bills be discharged from Candyco Transcription Service, Inc. (518) 371-8910 40 1 their respective committees and be recommitted 2 with instructions to strike the enacting 3 clause: Bills Number 533, 534, and 646.

4 THE PRESIDENT: So ordered. 5 Thank you, Senator. 6 SENATOR LITTLE: On behalf of 7 Senator Robach, I move that the following 8 bills be discharged from their respective 9 committees and be recommitted with 10 instructions to strike the enacting clause: 11 Senate Bill Number 3096. 12 THE PRESIDENT: So ordered. 13 Those bills will be recommitted, striking the 14 enacting clause. 15 SENATOR LITTLE: Thank you. 16 Mr. President, on behalf of myself, 17 I move that the following bills be discharged 18 from their respective committees and be 19 recommitted with instructions to strike the 20 enacting clause: Senate Bills 1103, 1115, 21 1127, and 4513. 22 THE PRESIDENT: On behalf of 23 yourself, Senator, it is so ordered. 24 SENATOR LITTLE: Thank you. 25 Mr. President, on behalf of Candyco Transcription Service, Inc. (518) 371-8910 41 1 Senator Winner, I move that the following 2 bills be discharged from their respective 3 committees and be recommitted with 4 instructions to strike the enacting clause: 5 Senate Bill 1719. 6 THE PRESIDENT: So ordered.

7 SENATOR LITTLE: Thank you, 8 Mr. President. 9 THE PRESIDENT: Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 on behalf of Senator Nozzolio, there's a 12 resolution at the desk, 3261. If we could 13 have the title read and open it up for 14 cosponsorship. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: By Senator 18 Nozzolio, Legislative Resolution Number 3261, 19 urging the New York State Congressional 20 delegation to fully support mandated funding 21 for veterans' healthcare services. 22 THE PRESIDENT: Senator Nozzolio, 23 on the resolution. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President and my colleagues. Candyco Transcription Service, Inc. (518) 371-8910 42 1 This resolution before us urges the 2 federal government to do all possible to 3 mandate funding for veterans' healthcare 4 services. As we this very week will see units 5 from Albany to Buffalo, National Guard units 6 deployed to Iraq and Afghanistan, we owe these 7 soldiers, brave men and women, a great deal. 8 We thank them for their service to 9 our nation. But that service doesn't end with

10 their deployment. It ends with a compact they 11 have with the state and federal governments to 12 continue in supporting their efforts and 13 continue to support and ensure that they have 14 adequate healthcare. 15 This resolution urges that support. 16 And thank you, Mr. President, for the 17 opportunity to speak in support. 18 THE PRESIDENT: On the 19 resolution, all those in favor please indicate 20 so by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 carried. Candyco Transcription Service, Inc. (518) 371-8910 43 1 Thank you, Senator Nozzolio. 2 Senator Nozzolio has offered to 3 open this resolution up to be sponsored by 4 everyone here. Anyone wishing not to be on 5 the resolution please indicate so at the desk. 6 Otherwise, the resolution will be unanimous. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there will be an immediate meeting of the 10 Finance Committee in the Majority Conference 11 Room, and that will be followed by a Rules 12 Committee meeting.

13 The Senate will stand at ease, 14 please. 15 THE PRESIDENT: There will be an 16 immediate meeting of the Finance Committee in 17 the Majority Conference Room, to be followed 18 immediately by a meeting of the Rules 19 Committee. 20 The Senate stands at ease. 21 (Whereupon, the Senate stood at 22 ease at 3:16 p.m.) 23 (Whereupon, the Senate reconvened 24 at 3:28 p.m.) 25 THE PRESIDENT: Senator Skelos. Candyco Transcription Service, Inc. (518) 371-8910 44 1 SENATOR SKELOS: Mr. President, 2 if we could return to reports of standing 3 committees for the report of the Rules 4 Committee. 5 THE PRESIDENT: We'll return to 6 reports of standing committees. 7 The Secretary will read. 8 THE SECRETARY: Senator Bruno, 9 from the Committee on Rules, reports the 10 following bills: 11 Senate Print 6398A, by Senator 12 DeFrancisco, an act to amend Chapter 606 of 13 the Laws of 2007; 14 6421A, by Senator Libous, an act to 15 amend the Vehicle and Traffic Law;

16 6422, by Senator Nozzolio, an act 17 to amend the Correction Law; 18 6423A, by Senator Nozzolio, an act 19 to amend the Correction Law; 20 6447, by Senator Maziarz, an act to 21 amend Chapter 487 of the Laws of 2007; 22 6477, by Senator Padavan, an act to 23 amend the General Business Law; 24 6487B, by Senator Maziarz, an act 25 to amend the Labor Law; Candyco Transcription Service, Inc. (518) 371-8910 45 1 6489A, by Senator Marcellino, an 2 act to amend the Labor Law; 3 6490, by Senator Nozzolio, an act 4 to amend the Labor Law; 5 6495, by Senator Maltese, an act to 6 amend the Civil Service Law; 7 6519A, by Senator Flanagan, an act 8 to amend the Labor Law and others; 9 And Senate Print 6549, by Senator 10 Fuschillo, an act to amend the Education Law. 11 All bills ordered directly to third 12 reading. 13 THE PRESIDENT: Senator Skelos. 14 SENATOR SKELOS: Mr. President, I 15 move to accept the report of the Rules 16 Committee. 17 THE PRESIDENT: All in favor 18 signify by saying aye.

19 (Response of "Aye.") 20 THE PRESIDENT: Opposed, nay. 21 (No response.) 22 THE PRESIDENT: The motion 23 carries. 24 SENATOR SKELOS: Mr. President, 25 would you recognize Senator Duane, please. Candyco Transcription Service, Inc. (518) 371-8910 46 1 THE PRESIDENT: The chair 2 recognizes Senator Duane. 3 SENATOR DUANE: Thank you, 4 Mr. President. 5 On behalf of Senator Montgomery, I 6 move that the following bills be discharged 7 from their respective committees and be 8 recommitted with instructions to strike the 9 enacting clause: 2016A, 2116, and 3578. 10 And, Mr. President, on behalf of 11 Senator Parker, I move that the following bill 12 be discharged from its respective committee 13 and be recommitted with instructions to strike 14 the enacting clause: Senate 5914. 15 Thank you, Mr. President. 16 THE PRESIDENT: So ordered. 17 Thank you, Senator Duane. 18 SENATOR SKELOS: Mr. President. 19 THE PRESIDENT: Senator Skelos. 20 SENATOR SKELOS: If we could take 21 up Calendar Number 12, Senate 6549.

22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Calendar Number 25 12, by Senator Fuschillo, Senate Print 6549, Candyco Transcription Service, Inc. (518) 371-8910 47 1 an act to amend the Education Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 THE PRESIDENT: The bill is 10 passed. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 is there any further business to come before 14 the Senate? 15 THE PRESIDENT: There is none, 16 Senator. 17 SENATOR SKELOS: Mr. President, 18 if I could remind the members that tomorrow is 19 the 15th of January. If any of you have to 20 make estimated payments, please do it, because 21 Governor Spitzer will be giving his budget 22 message shortly, and I'm sure he would 23 appreciate the additional revenue. So if you 24 could make those in a timely fashion.

25 (Laughter.) Candyco Transcription Service, Inc. (518) 371-8910 48 1 SENATOR SKELOS: There being no 2 further business to come before the Senate -3 John, did you get that? 4 There being no further business to 5 come before the Senate, I move that we stand 6 adjourned until Tuesday, January 15th, at 7 11:00 a.m. 8 THE PRESIDENT: Senate is 9 adjourned until Tuesday, January 15th, at 10 11:00 a.m. 11 (Whereupon, at 3:32 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910