Regular Session - February 5, 2008
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