Regular Session - January 31, 2007

                                                            397



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 31, 2007

        11                      11:04 a.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


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         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 rise and

         5       repeat with me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT MARCELLINO:    The

         9       invocation today will be given by the Reverend

        10       Peter G. Young, of the Mother Theresa

        11       Community in Albany.

        12                  REVEREND YOUNG:    Let us pray.

        13                  New Yorkers saw the christening of

        14       the American flag when the Stars and the

        15       Stripes were first flown in battle at the

        16       defense of Fort Stanwick in Rome.

        17                  It's with great pride that we are

        18       able to serve as Senators in this district in

        19       this patriotic tradition as the elected

        20       leaders to fulfill Your call.

        21                  O God, we ask all of these men to

        22       be blessed in their leadership to the citizens

        23       of New York State.

        24                  Amen.

        25                  ACTING PRESIDENT MARCELLINO:


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         1       Thank you, Reverend Young.

         2                  May we have the reading of the

         3       Journal.

         4                  THE SECRETARY:    In Senate,

         5       Tuesday, January 30, the Senate met pursuant

         6       to adjournment.  The Journal of Monday,

         7       January 29, was read and approved.  On motion,

         8       Senate adjourned.

         9                  ACTING PRESIDENT MARCELLINO:

        10       Without objection, the Journal stands approved

        11       as read.

        12                  Presentation of petitions.

        13                  Messages from the Assembly.

        14                  Messages from the Governor.

        15                  Reports of standing committees.

        16                  Reports of select committees.

        17                  Communications and reports from

        18       state officers.

        19                  Motions and resolutions.

        20                  The chair recognizes Senator

        21       Skelos.

        22                  SENATOR SKELOS:    Mr. President, I

        23       have a resolution at the desk, Number 285.  I

        24       ask that the title be read and move for its

        25       immediate adoption.


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         1                  ACTING PRESIDENT MARCELLINO:    The

         2       Secretary will read the title of the

         3       resolution.

         4                  THE SECRETARY:    By Senator

         5       Skelos, Legislative Resolution Number 285,

         6       honoring Frank Sarro upon the occasion of his

         7       designation as recipient of the Citizen of the

         8       Year Award by the Inwood Civic Association.

         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 Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       if we could go to the noncontroversial reading

        21       of the calendar.

        22                  ACTING PRESIDENT MARCELLINO:    The

        23       Secretary will read the noncontroversial

        24       calendar.

        25                  THE SECRETARY:    Calendar Number


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         1       5, by Senator Padavan, Senate Print 85, an act

         2       to amend the Penal Law, in relation to

         3       establishing.

         4                  ACTING PRESIDENT MARCELLINO:

         5       Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the first of

         8       November.

         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                  THE SECRETARY:    Calendar Number

        16       6, by Senator Padavan, Senate Print 90, an act

        17       to amend the Penal Law, in relation to

        18       trademark counterfeiting.

        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.


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         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       27, by Senator Larkin, Senate Print 224, an

         7       act to amend the Penal Law, in relation to

         8       obscene sexual performance.

         9                  ACTING PRESIDENT MARCELLINO:

        10       Read the last section.

        11                  THE SECRETARY:    Section 10.  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       29, by Senator Morahan, Senate Print 248, an

        22       act to amend the Penal Law, in relation to

        23       establishing.

        24                  ACTING PRESIDENT MARCELLINO:

        25       Read the last section.


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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect on the first of

         3       November.

         4                  ACTING PRESIDENT MARCELLINO:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 40.

         8                  ACTING PRESIDENT MARCELLINO:    The

         9       bill is passed.

        10                  Senator Skelos, that completes the

        11       noncontroversial reading of the calendar.

        12                  SENATOR SKELOS:    Mr. President,

        13       is there any further business at the desk?

        14                  ACTING PRESIDENT MARCELLINO:    No,

        15       Senator, there is not.

        16                  SENATOR SKELOS:    There being

        17       none, I move we stand adjourned until Monday,

        18       February 5th, at 3:00 p.m., intervening days

        19       being legislative days.

        20                  ACTING PRESIDENT MARCELLINO:    On

        21       motion, the Senate stands adjourned until

        22       Monday, February 5th, at 3:00 p.m.,

        23       intervening days being legislative days.

        24                  (Whereupon, at 11:09 a.m., the

        25       Senate adjourned.)


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