Regular Session - February 11, 2008
302
1 NEW YORK STATE SENATE
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3
4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 February 11, 2008
11 3:15 p.m.
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14 REGULAR SESSION
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18 SENATOR CARL L. MARCELLINO, 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 MARCELLINO: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO: In
10 the absence of clergy, can we have a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MARCELLINO: The
15 Secretary will read the Journal.
16 THE SECRETARY: In Senate,
17 Saturday, February 9, the Senate met pursuant
18 to adjournment. The Journal of Friday,
19 February 8, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT MARCELLINO:
22 Without objection, the Journal stands approved
23 as 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 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Seward, could you help us
8 with some motions, please.
9 SENATOR SEWARD: Certainly,
10 Mr. President.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, sir.
13 SENATOR SEWARD: I move to amend
14 Senate Bill 6331B by striking out the
15 amendments made on February 6 and restoring it
16 to its previous print number, 6331A. This is
17 on behalf of Senator Maltese.
18 ACTING PRESIDENT MARCELLINO: So
19 ordered.
20 SENATOR SEWARD: On behalf of
21 Senator Maziarz, on page 22 I offer the
22 following amendments to Calendar Number 216,
23 Senate Print Number 1629, and ask that the
24 said bill retain its place on the Third
25 Reading Calendar.
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1 ACTING PRESIDENT MARCELLINO: The
2 amendments are received and accepted, and the
3 bill will retain its place on the Third
4 Reading Calendar.
5 SENATOR SEWARD: Also on behalf
6 of Senator Maziarz, Mr. President, on
7 page number 22 I offer the following
8 amendments to Calendar Number 218, Senate
9 Print Number 1890, and ask that that bill
10 retain its place on the Third Reading
11 Calendar.
12 ACTING PRESIDENT MARCELLINO:
13 Those amendments are received and accepted,
14 and that bill will retain its place on the
15 Third Reading Calendar.
16 Thank you, Senator Seward.
17 SENATOR SEWARD: Thank you,
18 Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Hannon.
21 SENATOR HANNON: Yes, Mr.
22 President, there's a resolution at the desk by
23 Senator Sampson. Could we please have the
24 title read and move for its immediate
25 adoption.
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1 ACTING PRESIDENT MARCELLINO: The
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Sampson, Legislative Resolution Number 4198,
5 urging the New York State Congressional
6 Delegation to take swift and decisive action
7 to resolve the subprime mortgage crisis in the
8 State of New York and in the United States.
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 Hannon.
19 SENATOR HANNON: Mr. President, I
20 wish to call up Senate Print 6418A, recalled
21 from the Assembly, which is now at the desk.
22 ACTING PRESIDENT MARCELLINO: The
23 Secretary will read the title.
24 THE SECRETARY: Calendar Number
25 45, by the Senate Committee on Rules, Senate
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1 Print 6418A, an act to amend the Public Health
2 Law.
3 SENATOR HANNON: I now move to
4 reconsider the vote by which this bill was
5 passed and ask that the bill be restored to
6 the order of third reading.
7 ACTING PRESIDENT MARCELLINO: The
8 Secretary will call the roll on
9 reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 39.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is restored to third reading, Senator
14 Hannon.
15 SENATOR HANNON: I now offer the
16 following amendments.
17 ACTING PRESIDENT MARCELLINO: The
18 amendments are received and accepted.
19 SENATOR HANNON: I now move to
20 discharge, from the Committee on Health,
21 Assembly Print Number 9357A and substitute it
22 for my identical bill. And I now move that
23 the substituted Assembly bill have its third
24 reading at this time.
25 ACTING PRESIDENT MARCELLINO: The
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1 substitution is ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 45, substituted earlier by Member of the
5 Assembly Ortiz, Assembly Print Number 9357A,
6 an act to amend the Public Health Law.
7 ACTING PRESIDENT MARCELLINO: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 39.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 Senator Hannon.
18 SENATOR HANNON: Mr. President,
19 may we now have the noncontroversial reading
20 of the calendar.
21 ACTING PRESIDENT MARCELLINO: The
22 Secretary will read the noncontroversial
23 calendar.
24 THE SECRETARY: Calendar Number
25 32, by Senator Saland, Senate Print 1073A, an
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1 act to amend the Criminal Procedure Law.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 39.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 49, by Senator Maziarz, Senate Print 4786A, an
14 act to amend the Labor Law.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 39.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 123, by Senator Robach, Senate Print 5287A, an
2 act to amend the Retirement and Social
3 Security Law.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 39.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 148, by Senator Padavan, Senate Print 90, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 39.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 150, by Senator Volker, Senate Print 566, an
5 act to amend the Penal Law.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of
10 November.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 39.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 152, by Senator Marcellino, Senate Print 618,
19 an act to amend the Penal Law.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section, please.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
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
6 154, by Senator Skelos, Senate Print 638, an
7 act to amend the Criminal Procedure Law and
8 the Family Court Act.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 6. 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
21 155, by Senator Flanagan, Senate Print 680, an
22 act to amend the Penal Law.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 40.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 157, by Senator Little, Senate Print 1117, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 40.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 160, by Senator Flanagan, Senate Print 695, an
25 act to amend the General Business Law.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 40.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 165, by Senator Fuschillo, Senate Print 2360C,
13 an act to amend the General Business Law.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 40.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 178, by Senator DeFrancisco, Senate Print
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1 1264, an act to amend the Real Property Law.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 30th day.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 40.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 199, by Senator Larkin, Senate Print 236, an
14 act to amend the Tax Law.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 40.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 201, by Senator Trunzo, Senate Print 1321, an
2 act to amend the Public Officers Law.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 40.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 203, by Senator Winner, Senate Print 4426, an
15 act to amend the Tax Law.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 40.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 205, by Senator Volker, Senate Print 6631, an
3 act to amend Chapter 185 of the Laws of 2005,
4 amending the Tax Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
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 Senator Hannon, that completes the
16 noncontroversial reading of the calendar.
17 SENATOR HANNON: Mr. President,
18 is there any other business at the desk?
19 ACTING PRESIDENT MARCELLINO: No,
20 Senator, the desk is clear.
21 SENATOR HANNON: All right. Then
22 there being no further business, I move we
23 adjourn until Tuesday, February 12th, at
24 3:00 p.m.
25 ACTING PRESIDENT MARCELLINO: On
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1 motion, the Senate stands adjourned until
2 Tuesday, February 12th, at 3:00 p.m.
3 (Whereupon, at 3:25 p.m., the
4 Senate adjourned.)
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