Regular Session - February 6, 2008
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1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 6, 2008
11 11:01 a.m.
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14 REGULAR SESSION
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18 SENATOR JOSEPH GRIFFO, Acting President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT GRIFFO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and join with me as we recite the Pledge
6 of Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: In the
10 absence of clergy, I ask that you join with me
11 in a moment of silent prayer.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT GRIFFO: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, February 5, the Senate met pursuant
18 to adjournment. The Journal of Monday,
19 February 4, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT GRIFFO: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Johnson,
5 from the Committee on Finance, reports the
6 following nominations:
7 As commissioner of the State
8 Insurance Fund, Denis M. Hughes, of Tappan.
9 And as commissioner of the State
10 Insurance Fund, Kenneth R. Theobalds, of
11 New Rochelle.
12 SENATOR SKELOS: Move the
13 nominations.
14 ACTING PRESIDENT GRIFFO: The
15 question is on the nominations. All in favor
16 signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT GRIFFO: The
22 nominations are confirmed.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 Senator Skelos, we have
3 substitutions at the desk. Should we do
4 those?
5 SENATOR SKELOS: Yes, please.
6 ACTING PRESIDENT GRIFFO: The
7 Secretary will read.
8 THE SECRETARY: On page 12,
9 Senator Padavan moves to discharge, from the
10 Committee on Agriculture, Assembly Bill Number
11 9419 and substitute it for the identical
12 Senate Bill Number 6497, Third Reading
13 Calendar 85.
14 On page 16, Senator Seward moves to
15 discharge, from the Committee on Insurance,
16 Assembly Bill Number 8813A and substitute it
17 for the identical Senate Bill Number 5431B,
18 Third Reading Calendar 142.
19 On page 20, Senator Bonacic moves
20 to discharge, from the Committee on Finance,
21 Assembly Bill Number 8925 and substitute it
22 for the identical Senate Bill Number 6150,
23 Third Reading Calendar 197.
24 And on page 21, Senator Volker
25 moves to discharge, from the Committee on
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1 Investigations and Government Operations,
2 Assembly Bill Number 9650 and substitute it
3 for the identical Senate Bill Number 6732,
4 Third Reading Calendar 206.
5 ACTING PRESIDENT GRIFFO: The
6 substitutions are received and so ordered.
7 Senator Skelos.
8 SENATOR SKELOS: If we could go
9 to the noncontroversial reading of the
10 calendar, please.
11 ACTING PRESIDENT GRIFFO: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 37, by Senator Volker, Senate Print 2370, an
15 act to amend the Criminal Procedure Law, in
16 relation to appeals.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 37 are
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1 Senators Duane and Perkins.
2 Ayes, 38. Nays, 2.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 81, by Senator Larkin, Senate Print 540A, an
7 act to amend the Agriculture and Markets Law,
8 in relation to establishing.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 40.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 83, by Senator Young, Senate Print 4453, an
21 act to amend the Agriculture and Markets Law,
22 in relation to increasing the acreage.
23 ACTING PRESIDENT GRIFFO: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 40.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 85, substituted earlier by Member of the
10 Assembly Glick, Assembly Print Number 9419, an
11 act to amend the Agriculture and Markets Law,
12 in relation to prohibiting.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the same date as
17 Chapter 642 of the Laws of 2007.
18 ACTING PRESIDENT GRIFFO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 40.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 93, by Senator Flanagan, Senate Print 3847A,
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1 an act to amend the Public Authorities Law, in
2 relation to prohibiting.
3 ACTING PRESIDENT GRIFFO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 40.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 109, by Senator Maziarz, Senate Print 43A, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to increasing penalties.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT GRIFFO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 40.
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1 ACTING PRESIDENT GRIFFO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 129, by Senator Farley, Senate Print 6735, an
5 act to amend the Civil Service Law.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 39. Nays,
14 2. Senators Libous and Saland recorded in the
15 negative.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 142, substituted earlier today by Member of
20 the Assembly Weprin, Assembly Print Number
21 8813A, an act to amend the Insurance Law, in
22 relation to the Fraternal Benefits Society
23 Modernization Act of 2008.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 41.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 159, by Senator Trunzo, Senate Print 558, an
11 act to amend the Agriculture and Markets Law,
12 in relation to fire hazard safety standards.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 60th day.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 41.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 170, by Senator Libous, Senate Print 5978A, an
25 act to amend Chapter 656 of the Laws of 2002
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1 amending the General Business Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41.
10 ACTING PRESIDENT GRIFFO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 197, substituted earlier today by Member of
14 the Assembly Cahill, Assembly Print Number
15 8925, an act to amend the Executive Law.
16 ACTING PRESIDENT GRIFFO: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT GRIFFO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 41.
24 ACTING PRESIDENT GRIFFO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 206, substituted earlier today by Member of
3 the Assembly Schimminger, Assembly Print
4 Number 9650, an act to amend the Tax Law.
5 ACTING PRESIDENT GRIFFO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT GRIFFO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 41.
13 ACTING PRESIDENT GRIFFO: The
14 bill is passed.
15 Senator Skelos, that completes the
16 reading of the noncontroversial calendar.
17 SENATOR SKELOS: Is there any
18 further business at the desk?
19 ACTING PRESIDENT GRIFFO: There
20 is no further business before the desk.
21 SENATOR SKELOS: There being
22 none, I move we stand adjourned until Monday,
23 February 11th, at 3:00 p.m., intervening days
24 being legislative days.
25 ACTING PRESIDENT GRIFFO: On
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1 motion, the Senate stands adjourned until
2 Monday, February 11th, at 3:00 p.m.,
3 intervening days being legislative days.
4 (Whereupon, at 11:10 a.m., the
5 Senate adjourned.)
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