Regular Session - January 29, 2008

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 29, 2008

        11                      11:10 a.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



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       come to order.

         4                  Would you please all rise and join

         5       with me in reciting the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  THE PRESIDENT:    In the absence of

         9       clergy, we will bow our heads in silence for a

        10       moment.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  THE PRESIDENT:    The reading of

        14       the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Monday, January 28, the Senate met pursuant to

        17       adjournment.  The Journal of Saturday,

        18       January 26, was read and approved.  On motion,

        19       Senate adjourned.

        20                  THE PRESIDENT:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.



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         1                  Reports of standing committees.

         2                  Senator Skelos.

         3                  SENATOR SKELOS:    Mr. President,

         4       if we could take up the nominations at this

         5       time.

         6                  THE PRESIDENT:    The Secretary

         7       will read.

         8                  THE SECRETARY:    Senator O.

         9       Johnson, from the Committee on Finance,

        10       reports the following nominations.

        11                  As a member of the Board of

        12       Trustees of the State University of New York,

        13       Linda S. Sanford, of Chappaqua.

        14                  SENATOR SKELOS:    Move the

        15       nomination, please.

        16                  THE PRESIDENT:    On the nomination

        17       of Linda S. Sanford as a member of the Board

        18       of Trustees of the State University of

        19       New York, 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 nomination is

        25       confirmed.



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         1                  Linda S. Sanford, of Chappaqua,

         2       New York, joins us.  She's in the east

         3       gallery.  We want to congratulate her on this

         4       appointment and wish her all the best in her

         5       service to the State University of New York

         6       and to all the citizens of the State of

         7       New York.

         8                  Linda, thank you very much.  And on

         9       behalf of the Senate, we extend to you all of

        10       our best wishes.

        11                  (Applause.)

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    As a member of

        15       the Board of Trustees of the City University

        16       of New York, Charles A. Shorter, of New York

        17       City.

        18                  THE PRESIDENT:    Senator Skelos.

        19                  SENATOR SKELOS:    Move the

        20       nomination.

        21                  THE PRESIDENT:    On the nomination

        22       of Charles A. Shorter, of New York City, who

        23       will be seeking appointment to the City

        24       University of New York as a member of the

        25       Board of Trustees, all those in favor please



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         1       indicate so by saying aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Opposed, nay.

         4                  (No response.)

         5                  THE PRESIDENT:    Senator Stavisky.

         6                  SENATOR STAVISKY:    To explain my

         7       vote.

         8                  THE PRESIDENT:    Senator Stavisky,

         9       on the nomination.

        10                  SENATOR STAVISKY:    I just want to

        11       commend the Governor on two outstanding

        12       appointments, Linda Sanford and Charles

        13       Shorter.

        14                  They bring a new dimension to their

        15       service on the CUNY and SUNY boards.  They are

        16       both experienced people in the business

        17       community, and I look forward to a productive

        18       and lengthy tenure on their part.

        19                  Thank you, Mr. President.

        20                  THE PRESIDENT:    On the

        21       nomination, all those in favor please

        22       indicates so by saying aye.

        23                  (Response of "Aye.")

        24                  THE PRESIDENT:    Opposed, nay.

        25                  (No response.)



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         1                  THE PRESIDENT:    Charles A.

         2       Shorter, who is an outstanding citizen and

         3       community leader from New York City, you are

         4       hereby appointed to the Board of Trustees of

         5       the City University of New York.

         6                  We extend to you our best wishes on

         7       behalf of Senator Stavisky and all those other

         8       members of the Senate who may not have spoken

         9       but certainly are pleased at the Governor's

        10       appointment.  We wish you well and hope that

        11       you will succeed in your service to the

        12       residents of the State of New York.

        13       Congratulations.

        14                  (Applause.)

        15                  THE PRESIDENT:    The Secretary

        16       will read the rest of the nominations.

        17                  THE SECRETARY:    As a member of

        18       the Niagara Frontier Transportation Authority,

        19       Adam W. Perry, of Buffalo.

        20                  As a member of the

        21       Rochester-Genesee Regional Transportation

        22       Authority, Paul J. Battaglia, of Batavia.

        23                  As a member of the State Public

        24       Transportation Safety Board, David Berke, of

        25       New York City.



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         1                  As a member of the Industrial Board

         2       of Appeals, Mark G. Pearce, of Buffalo.

         3                  As director of the New York State

         4       Urban Development Corporation, Derrick D.

         5       Cephas, of New York City.

         6                  As a member of the Central New York

         7       State Park, Recreation and Historic

         8       Preservation Commission, Daniel J. Trevisani,

         9       of Utica.

        10                  As a member of the Finger Lakes

        11       State Park, Recreation and Historic

        12       Preservation Commission, Robert H. Scharf, of

        13       Dundee.

        14                  And as members of the Board of

        15       Visitors of the Central New York Developmental

        16       Disabilities Services Office, Margaret W.

        17       Abbott, of Lyons Falls, and James R. Iles, of

        18       Clay.

        19                  THE PRESIDENT:    Senator Skelos.

        20                  SENATOR SKELOS:    Move the

        21       nominations, please.

        22                  THE PRESIDENT:    On the

        23       nominations, all those in favor please

        24       indicate by saying aye.

        25                  (Response of "Aye.")



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         1                  THE PRESIDENT:    Opposed, nay.

         2                  (No response.)

         3                  THE PRESIDENT:    Senator Thompson

         4       would like to speak on the nominations.

         5                  SENATOR THOMPSON:    Yes,

         6       Mr. President, I just wanted to say a few good

         7       words on behalf of two appointments.

         8                  One is Adam Perry, who's an

         9       attorney with Hodgson Russ who's been

        10       appointed to the Niagara Frontier

        11       Transportation Authority by the Governor.  And

        12       we thank the Governor for this very good

        13       appointment.  Adam is a community-minded

        14       person, he's an accomplished attorney.  I

        15       think he's going to be a tremendous asset to

        16       the NFTA.

        17                  The other is Mark Pearce, who's

        18       also a very progressive attorney, very

        19       accomplished, a partner in his own firm out of

        20       Buffalo as well.

        21                  These two are two highly

        22       credentialed individuals who will be giving in

        23       a voluntary capacity to the betterment of

        24       New York State, and I want to thank Governor

        25       Spitzer and yourself for these two great



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         1       appointments.

         2                  Thank you.

         3                  THE PRESIDENT:    Thank you,

         4       Senator Thompson.

         5                  Senator Hassell-Thompson.

         6                  SENATOR HASSELL-THOMPSON:    Thank

         7       you, Mr. President.

         8                  I rise to also commend the Governor

         9       on these appointments.  But very specifically,

        10       I'd like to bring attention to the appointment

        11       of Derrick D. Cephas to the director of the

        12       New York State Urban Development Corp.

        13                  I have followed Mr. Cephas's career

        14       for many years, had the opportunity to work

        15       with him as the Superintendent of Banks.  And

        16       certainly I know that he will bring a

        17       tremendous perspective to the Urban

        18       Development Corp. as we go forward to develop

        19       the State of New York.  And I want to just be

        20       sure that I add my congratulations to him and

        21       to the Governor on these appointments.

        22                  Thank you, Mr. President.

        23                  THE PRESIDENT:    On the

        24       nominations, all those in favor indicate so by

        25       saying aye.



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         1                  (Response of "Aye.")

         2                  THE PRESIDENT:    Opposed, nay.

         3                  (No response.)

         4                  THE PRESIDENT:    The nominations

         5       are confirmed.

         6                  Returning to the order of business,

         7       reports of select committees.

         8                  Communications and reports from

         9       state officers.

        10                  Motions and resolutions.

        11                  Senator Skelos.

        12                  SENATOR SKELOS:    Mr. President,

        13       if we could adopt the Resolution Calendar,

        14       with the exception of Resolution 4122.

        15                  THE PRESIDENT:    All those in

        16       favor of adopting the Resolution Calendar,

        17       with exception, please indicate by saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    Without

        22       objection, the Resolution Calendar is adopted

        23       with the exception of Resolution 4122.

        24                  SENATOR SKELOS:    Mr. President,

        25       if we could at this time take up Resolution



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         1       4122, by Senator Thompson, have the title

         2       read, move it for immediate adoption, and also

         3       open it up for cosponsorship.

         4                  THE PRESIDENT:    The Secretary

         5       will read.

         6                  THE SECRETARY:    By Senator

         7       Thompson, Legislative Resolution Number 4122,

         8       recognizing the month of February 2008 as

         9       Black History Month in the State of New York.

        10                  THE PRESIDENT:    Senator Thompson.

        11                  SENATOR THOMPSON:    Thank you,

        12       sir.

        13                  First let me say that it's with

        14       great privilege and honor that I stand today

        15       in cosponsorship of this very important

        16       resolution.  As many of you are fully aware,

        17       Saturday kicks off Black History Month and

        18       also African-American History Month as well.

        19                  And for me, it's always a pleasure

        20       to be able to sponsor these resolutions.  I

        21       used to do this as well when I was on the City

        22       Council in Buffalo.  Largely because through a

        23       blessing to be able to go to college at SUNY

        24       Brockport, I was able to learn a lot about

        25       black history and its importance and its



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         1       significance.

         2                  And for so many young people,

         3       particularly young people across our cities of

         4       New York State, many of them still today don't

         5       know a whole lot about themselves.  And I'll

         6       never forget as a young inner city kid in

         7       Buffalo in the 12th grade, I had a teacher,

         8       Mr. Shapiro, who not until I was 18 years of

         9       age was I able to learn about African-American

        10       history, growing up in the city of Buffalo,

        11       outside of Dr. King.  At 18 years of age.

        12                  So then when I had the opportunity

        13       to go to college, for me it was really

        14       inspiring to be able to take classes and learn

        15       more about African-American history.  I think

        16       it helped shape my world view.  And I think

        17       that more people need to have a greater

        18       understanding.

        19                  And so Black History Month for me

        20       is something that is extremely important.

        21       Many of our kids don't know a lot about

        22       themselves.  But fortunately, because of the

        23       Internet, more young people are able to learn

        24       in ways that I did not have that opportunity

        25       to many years ago.  If your teachers didn't



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         1       teach you about it, think about it, you go

         2       through 11 years of school and you don't learn

         3       it until 12th grade.

         4                  And I just know that if more young

         5       people could learn about people who don't look

         6       like them and people that do look like them,

         7       it will continue to inspire and encourage them

         8       the way it did for me.

         9                  So I just want to say thank you for

        10       this opportunity.  I know that we're going to

        11       open up this resolution for everyone.  And

        12       black history is also a critical part of

        13       American history as well.

        14                  Thank you.

        15                  THE PRESIDENT:    Senator

        16       Hassell-Thompson.

        17                  SENATOR HASSELL-THOMPSON:    Thank

        18       you, Mr. President.

        19                  I commend Senator Thompson on

        20       bringing this resolution to the floor.  As he

        21       spoke, I remember -- I'm old enough to

        22       remember when we celebrated only a week of

        23       Black History Month, and now it has become a

        24       month.

        25                  I look forward to the day when our



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         1       books will record and report the

         2       accomplishments of all people, making it

         3       unnecessary to have to designate a time where

         4       we have to point to the accomplishments of

         5       people, but, rather, our behavior, our books

         6       and our way of life will be inclusive enough

         7       that Black History Month will be something

         8       that will be a thing of the past.  I hope that

         9       in my lifetime I will see that happen.

        10                  Thank you, Mr. President.

        11                  THE PRESIDENT:    On the

        12       resolution, all those in favor please indicate

        13       so by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The resolution is

        18       adopted and is open for cosponsorship.  Anyone

        19       wishing not to be on the resolution may come

        20       up and indicate so at the desk.  Otherwise,

        21       the resolution carries unanimously.

        22                  Senator Skelos.

        23                  SENATOR SKELOS:    Mr. President,

        24       there's a resolution at the desk by Senator

        25       Craig Johnson, 4131.  If we could have the



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         1       title read and move for its immediate

         2       adoption.

         3                  THE PRESIDENT:    The Secretary

         4       will read.

         5                  THE SECRETARY:    By Senator

         6       C. Johnson, Legislative Resolution Number

         7       4131, memorializing Governor Eliot Spitzer to

         8       proclaim February 3 through February 9, 2008,

         9       as Kawasaki Disease Awareness Week in the

        10       State of New York.

        11                  THE PRESIDENT:    Senator Craig

        12       Johnson, on the resolution.

        13                  SENATOR CRAIG JOHNSON:    Thank

        14       you.  Thank you very much.  I will be brief.

        15                  Kawasaki disease is a children's

        16       illness that about 80 percent of the people

        17       with Kawasaki's disease are children under the

        18       age of five.

        19                  What makes this disease very

        20       disconcerting is that it can't be detected and

        21       oftentimes mirrors other illnesses that

        22       doctors misdiagnose the disease.  Its symptoms

        23       can be symbolic of other illnesses.

        24                  The problem becomes that Kawasaki's

        25       disease affects the heart.  And if you are



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         1       stricken with Kawasaki disease at a young age,

         2       you oftentimes, as you get older, will suffer

         3       from heart disease and obviously death.

         4                  And so what this resolution simply

         5       does is it makes the week from February 3rd

         6       through February 9th Kawasaki Disease

         7       Awareness Week, to help our medical

         8       professionals become more aware of this

         9       dreaded disease and help find not just ways to

        10       find the cause of it but also to find a cure

        11       for it.

        12                  So I thank you, and I welcome all

        13       Senators to join on the resolution.

        14                  Thank you very much, Mr. President.

        15                  THE PRESIDENT:    On the

        16       resolution, all those in favor indicate by

        17       saying aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution

        22       has carried.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Mr. President,

        25       there's a concurrent resolution at the desk,



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         1       4145.  If we could have the title read and

         2       move for its immediate adoption.

         3                  THE PRESIDENT:    The Secretary

         4       will read Concurrent Resolution 4145.

         5                  THE SECRETARY:    By Senator Bruno,

         6       Concurrent Resolution Number 4145,

         7       establishing a plan setting forth an itemized

         8       list of grantees for certain appropriations

         9       for the 2007-2008 state fiscal year, as

        10       required by subdivision 5 of Section 24 of the

        11       State Finance Law.

        12                  THE PRESIDENT:    Is there any

        13       Senator who wishes to speak on the resolution?

        14                  Hearing none, all those in favor.

        15                  (Response of "Aye.")

        16                  THE PRESIDENT:    Opposed, nay.

        17                  (No response.)

        18                  THE PRESIDENT:    The resolution is

        19       adopted.

        20                  Senator Skelos.

        21                  SENATOR SKELOS:    Mr. President, I

        22       believe there are substitutions to be made at

        23       the desk at this time.

        24                  THE PRESIDENT:    The Secretary

        25       will read.



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         1                  THE SECRETARY:    On page 15,

         2       Senator Leibell moves to discharge, from the

         3       Committee on Investigations and Government

         4       Operations, Assembly Bill Number 9443 and

         5       substitute it for the identical Senate Bill

         6       Number 6513, Third Reading Calendar 59.

         7                  And on page 16, Senator Maziarz

         8       moves to discharge, from the Committee on

         9       Labor, Assembly Bill Number 9817 and

        10       substitute it for the identical Senate Bill

        11       Number 6798, Third Reading Calendar 131.

        12                  THE PRESIDENT:    Substitutions

        13       ordered.

        14                  Senator Sabini.

        15                  SENATOR SABINI:    Thank you,

        16       Mr. President.

        17                  I just wanted to note for my

        18       colleagues that Resolution 4097, which I

        19       sponsor along with Senator Malcolm Smith, does

        20       something that's kind of amazing.  It

        21       commemorates the 50th year of someone in one

        22       institution.  Not many people can say that

        23       other than our own friend Senator Marchi.

        24                  Jack Curran is celebrating his 50th

        25       anniversary at Archbishop Molloy High School.



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         1       He is the legendary head basketball and

         2       baseball coach at Archbishop Molloy, an

         3       institution I attended that's in Senator

         4       Malcolm Smith's district.

         5                  Coach Curran has, as many in

         6       Catholic schools do, had to do double duty, so

         7       he's coached basketball, he's coached

         8       baseball, he was a gym teacher.  He was my gym

         9       teacher.  And he's been involved in touching

        10       the lives of some notoriously successful

        11       athletes, like Olympians Brian Winters, Kevin

        12       Joyce, NBA stars like Kenny Smith and Kenny

        13       Anderson.

        14                  He started out with another legend,

        15       Coach Lou Carnesecca, and went on to become

        16       his successor.  He also was involved in

        17       teaching, in one form or another, some pretty

        18       prominent residents of our state, including

        19       Attorney General Cuomo, New York City Police

        20       Commissioner Ray Kelly, Council Member Joseph

        21       Addabbo, Jr., and the former Assembly Minority

        22       Leader John Faso.

        23                  What struck me when we put this

        24       resolution in is a few years ago, if you

        25       remember, we had Coach Jim Boeheim here of the



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         1       national champion Syracuse Orangemen, who made

         2       our state so proud.  And when I was introduced

         3       to him, he asked me where I went to high

         4       school.  And I said Archbishop Molloy, and he

         5       said:  "Tell Coach Curran I said hello."

         6                  He has dedicated literally his

         7       adult life to bettering the lives of the young

         8       men -- and now young women -- of Archbishop

         9       Molloy, and I wanted to salute him on his

        10       50th anniversary.

        11                  And I thank you for the opportunity

        12       to speak.

        13                  THE PRESIDENT:    Thank you,

        14       Senator Sabini.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Mr. President,

        17       if we can go to the noncontroversial reading

        18       of the calendar.

        19                  THE PRESIDENT:    Senator Padavan.

        20                  SENATOR PADAVAN:    If I may, and

        21       with the indulgence of Senator Sabini, I would

        22       like to have my name added to the resolution

        23       adopted on behalf of Jack Curran, whom I know

        24       as an instructor of my son while he was at

        25       Molloy, and his coach.



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         1                  So I join you in applauding all his

         2       wonderful efforts.

         3                  THE PRESIDENT:    We will add

         4       Senator Padavan's name to the resolution

         5       saluting Coach Jack Curran in his 50th year at

         6       Archbishop Molloy High School.

         7                  Now we will proceed to the

         8       noncontroversial reading of the calendar.  The

         9       Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       35, by Senator DeFrancisco, Senate Print 1825,

        12       an act to amend the Penal Law, in relation to

        13       payment.

        14                  THE PRESIDENT:    The Secretary

        15       will read the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  THE PRESIDENT:    The Secretary

        19       will call the roll.

        20                  (The Secretary called the roll.)

        21                  THE PRESIDENT:    And the Secretary

        22       will announce the results.

        23                  THE SECRETARY:    Ayes, 51.

        24                  THE PRESIDENT:    The bill is

        25       passed.



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         1                  THE SECRETARY:    Calendar Number

         2       40, by Senator Volker, Senate Print 4114, an

         3       act to amend the Criminal Procedure Law and

         4       the Judiciary Law, in relation to allowing

         5       payment.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect on the first of

        10       November.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE PRESIDENT:    Results.

        14                  THE SECRETARY:    Ayes, 50.  Nays,

        15       1.  Senator Duane recorded in the negative.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       42, by Senator DeFrancisco, Senate Print 4458,

        20       an act to amend the Criminal Procedure Law, in

        21       relation to service of a supporting

        22       deposition.

        23                  THE PRESIDENT:    Read the last

        24       section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect on the first of January.

         2                  THE PRESIDENT:    Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE PRESIDENT:    Results.

         5                  THE SECRETARY:    Ayes, 52.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       48, by Senator Maltese, Senate Print 4473, an

        10       act to amend the Labor Law, in relation to

        11       requiring.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 52.

        19                  THE PRESIDENT:    The bill is

        20       passed.

        21                  THE SECRETARY:    Calendar Number

        22       52, by Senator Morahan, Senate Print 3894, an

        23       act to amend the Penal Law, in relation to

        24       designating.

        25                  THE PRESIDENT:    Read the last



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         1       section.

         2                  THE SECRETARY:    Section 2.  This

         3       act shall take effect on the first of

         4       November.

         5                  THE PRESIDENT:    Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 52.

         8                  THE PRESIDENT:    The bill is

         9       passed.

        10                  THE SECRETARY:    Calendar Number

        11       53, by Senator LaValle, Senate Print 2038, an

        12       act to amend the Workers' Compensation Law, in

        13       relation to including.

        14                  THE PRESIDENT:    Read the last

        15       section.

        16                  THE SECRETARY:    Section 3.  This

        17       act shall take effect immediately.

        18                  THE PRESIDENT:    Call the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 52.

        21                  THE PRESIDENT:    The bill is

        22       passed.

        23                  THE SECRETARY:    Calendar Number

        24       59, substituted earlier by Member of the

        25       Assembly Bradley, Assembly Print Number 9443,



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         1       an act to amend the Tax Law.

         2                  THE PRESIDENT:    Read the last

         3       section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the same date and in

         6       the same manner as Chapter 596 of the Laws of

         7       2007.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 53.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  THE SECRETARY:    Calendar Number

        14       77, by Senator Maltese, Senate Print 4249, an

        15       act to amend the Labor Law and the Education

        16       Law, in relation to prohibiting.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 7.  This

        20       act shall take effect immediately.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 53.

        24                  THE PRESIDENT:    The bill is

        25       passed.



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         1                  THE SECRETARY:    Calendar Number

         2       131, substituted earlier today by Member of

         3       the Assembly John, Assembly Print Number 9817,

         4       an act to amend the Workers' Compensation Law

         5       and others.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 16.  This

         9       act shall take effect February 1, 2008.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 54.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  Senator Skelos, that completes the

        16       reading of the calendar.

        17                  SENATOR SKELOS:    Thank you,

        18       Mr. President.

        19                  Is there any further business at

        20       the desk?

        21                  THE PRESIDENT:    There is no

        22       further business at the desk, Senator.

        23                  SENATOR SKELOS:    There being no

        24       further business, I move that we stand

        25       adjourned until Monday, February 4th -- when



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         1       we'll be celebrating the Giants' winning of

         2       the Super Bowl -- at 3:00 p.m., intervening

         3       days being legislative days.

         4                  THE PRESIDENT:    On motion, the

         5       Senate stands adjourned until Monday,

         6       February 4th, at 3:00 p.m., all intervening

         7       days being legislative days and celebration.

         8                  The Senate is adjourned.

         9                  (Whereupon, at 11:33 a.m., the

        10       Senate adjourned.)

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