Regular Session - February 25, 2008
449
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 25, 2008
11 3:02 p.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
Candyco Transcription Service, Inc.
(518) 371-8910
450
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 with me and repeat the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO:
10 Today we will have our opening prayer from
11 Reverend Peter G. Young, of Mother Theresa
12 Community in Albany.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Let us pray.
16 O God, the Builder of all things,
17 You have placed on us the obligation of toil.
18 Granted, the work we begin may serve to better
19 our lives in New York State and, through the
20 good work and the goodness, contribute to the
21 spread of the call of Your people.
22 May God pour forth His blessings on
23 our legislators and provide them with the
24 spirit of courage to accept the many demands
25 of their elected senatorial office.
Candyco Transcription Service, Inc.
(518) 371-8910
451
1 Amen.
2 ACTING PRESIDENT MARCELLINO:
3 Thank you.
4 May we have the reading of the
5 Journal, please.
6 THE SECRETARY: In Senate,
7 Friday, February 22, the Senate met pursuant
8 to adjournment. The Journal of Thursday,
9 February 21, was read and approved. On
10 motion, Senate adjourned.
11 ACTING PRESIDENT MARCELLINO:
12 Without objection, the Journal stands approved
13 as read.
14 Presentation of petitions.
15 Messages from the Assembly.
16 Messages from the Governor.
17 Reports of standing committees.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 there's a Resolution 4207 at the desk, by
25 Senator Bruno. If we could have the title
Candyco Transcription Service, Inc.
(518) 371-8910
452
1 read and move for its immediate adoption.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will read.
4 THE SECRETARY: By Senator Bruno,
5 Legislative Resolution 4207, memorializing
6 Governor Eliot Spitzer to proclaim February 24
7 through March 1, 2008, as Eating Disorders
8 Awareness Week in the State of New York.
9 ACTING PRESIDENT MARCELLINO: All
10 in favor of the resolution signify by saying
11 aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MARCELLINO:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT MARCELLINO: The
17 resolution is accepted.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 Resolution 3728 is at the desk, by Senator
21 Seward. If we could have it read in its
22 entirety and move for its immediate adoption.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read.
25 THE SECRETARY: By Senator
Candyco Transcription Service, Inc.
(518) 371-8910
453
1 Seward, Legislative Resolution Number 3728,
2 congratulating the Marathon High School Field
3 Hockey Team and Coach Karen Funk upon the
4 occasion of capturing its second consecutive
5 New York State Class C Championship.
6 "WHEREAS, It is the sense of this
7 Legislative Body to recognize and pay tribute
8 to those young people within the State of
9 New York who have inspired and brought pride
10 to their school and community by achieving
11 outstanding success in athletic competition;
12 and
13 "WHEREAS, Attendant to such
14 concern, and in full accord with its
15 long-standing traditions, this Legislative
16 Body is justly proud to congratulate the
17 Marathon High School Field Hockey Team and
18 Coach Karen Funk upon the occasion of
19 capturing its second consecutive New York
20 State Class C Championship; and
21 "WHEREAS, The 2007 New York State
22 Class C Champions, the Marathon High School
23 Olympians, defeated Warrensburg High School
24 1-0 in overtime to finish the season with a
25 22-1 record; and
Candyco Transcription Service, Inc.
(518) 371-8910
454
1 "WHEREAS, In addition, the Marathon
2 High School Field Hockey Team repeated as
3 New York State champions for the third time
4 and claimed its eighth title overall; and
5 "WHEREAS, The athletic talent
6 displayed by this team is due in great part to
7 the efforts of Coach Karen Funk, a skilled and
8 inspiration tutor, who has done a superb job
9 in guiding, molding and inspiring the team
10 members toward their goals; and
11 "WHEREAS, Loyally and
12 enthusiastically supported by family, fans,
13 friends and the community at large, the
14 members of the Marathon High School Field
15 Hockey Team have proven themselves to be an
16 unbeatable combination of athletic and
17 academic talents, reflecting favorably on
18 their school; and
19 "WHEREAS, From the opening game of
20 the season to participation in the New York
21 State Class C Championship, the hallmarks of
22 the Marathon High School Field Hockey Team
23 were a sisterhood of athletic ability, good
24 sportsmanship, honor and scholarship,
25 demonstrating that these team players are
Candyco Transcription Service, Inc.
(518) 371-8910
455
1 second to none; and
2 "WHEREAS, Sports competition
3 instills the values of teamwork, pride and
4 accomplishment, and Coach Karen Funk and the
5 outstanding athletes on the Marathon High
6 School Field Hockey Team have clearly made a
7 contribution to the spirit of excellence which
8 is a tradition of their school; now,
9 therefore, be it
10 "RESOLVED, That this Legislative
11 Body pause in its deliberations to
12 congratulate the Marathon High School Field
13 Hockey Team and Coach Karen Funk upon the
14 occasion of capturing its second consecutive
15 New York State Class C Championship; and be it
16 further
17 "RESOLVED, That a copy of this
18 resolution, suitably engrossed, be transmitted
19 to the Marathon High School Field Hockey Team
20 and Coach Karen Funk."
21 ACTING PRESIDENT MARCELLINO: On
22 the resolution, Senator Seward.
23 SENATOR SEWARD: Yes, thank you,
24 Mr. President.
25 I'm very proud, as the State
Candyco Transcription Service, Inc.
(518) 371-8910
456
1 Senator representing the Marathon Central
2 School District, and very proud as the Senator
3 from the 51st Senatorial District to stand to
4 congratulate the Marathon High School
5 Olympians, the 2007 New York State Class C
6 Field Hockey Champions.
7 You know, this outstanding team,
8 which is in the gallery here today, along with
9 their coach, Karen Funk, defeated Warrensburg
10 High School in a thrilling one-to-nothing
11 overtime game in the state championship.
12 You know, at Marathon we say we
13 have a girls field hockey dynasty, because
14 this is the second year in a row that this
15 outstanding team at this school has been our
16 Class C State Champions. It's their eighth
17 title overall.
18 This is a relatively small school,
19 just about a thousand students. Even for a
20 Class C school, it's relatively small. But
21 they have a great deal of talent and they have
22 a great deal of spirit.
23 And I think, without question, the
24 fact that we have an outstanding coach at
25 Marathon in field hockey, Coach Karen Funk,
Candyco Transcription Service, Inc.
(518) 371-8910
457
1 who has been at the school and with this
2 program since 1974 and has built this program
3 from the ground up and has done an outstanding
4 job -- she's truly a skilled and inspirational
5 leader for this team.
6 And her talents as a coach have
7 been recognized nationally because Coach Karen
8 Funk, I'm very pleased to announce, is the
9 National High School Field Hockey Coach of the
10 Year.
11 We're very proud of that as well,
12 Karen.
13 (Applause.)
14 SENATOR SEWARD: In addition to
15 this team's athletic ability, they are also
16 scholar-athletes. Because when you compute
17 the overall average of 12 students on this
18 team, they have a 91 academic average. So
19 they're not only talented on the field, but
20 also they are scholars.
21 You know, they have excelled in
22 competitive sports very, very well. And when
23 you think about competitive sports,
24 particularly at the high school level, it
25 instills a lot of values and skills that will
Candyco Transcription Service, Inc.
(518) 371-8910
458
1 be used throughout the lives of these very
2 talented women: the values of teamwork,
3 pride, working toward a goal and
4 accomplishment, as well as self-discipline.
5 You know, it's rather cliched to
6 say that our young people are our future, but
7 I'm going to say it. This team represents all
8 the best of our future. When I think about
9 that, with the future in the hands of these
10 very talented and outstanding group of young
11 women, I say the future is very bright indeed.
12 Congratulations once again to the
13 Marathon High School Field Hockey Team, our
14 Class C State Champions. Congratulations.
15 (Applause.)
16 ACTING PRESIDENT MARCELLINO: On
17 the resolution, all in favor signify by saying
18 aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT MARCELLINO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT MARCELLINO: The
24 resolution is passed unanimously.
25 Ladies, congratulations, and keep
Candyco Transcription Service, Inc.
(518) 371-8910
459
1 up the good work.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could go to the noncontroversial reading
5 of the calendar.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 47, by Member of the Assembly Weisenberg,
10 Assembly Print Number 9471, an act to amend
11 the Public Health Law, in relation to child
12 food choking prevention.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 52.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 70, by Senator Robach, Senate Print 6652, an
25 act to amend the Civil Service Law, in
Candyco Transcription Service, Inc.
(518) 371-8910
460
1 relation to reassignment.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2. 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, 52.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 110, by Senator Maziarz, Senate Print 45A, an
14 act to amend the Vehicle and Traffic Law, in
15 relation to repeat convictions.
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, 52.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
Candyco Transcription Service, Inc.
(518) 371-8910
461
1 THE SECRETARY: Calendar Number
2 138, by Senator Seward, Senate Print 805B, an
3 act to amend the Insurance Law, in relation to
4 foreign investments.
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, 52.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 147, by Senator Padavan, Senate Print 85, an
17 act to amend the Penal Law, in relation to
18 establishing.
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.
Candyco Transcription Service, Inc.
(518) 371-8910
462
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 156, by Senator Volker, Senate Print 856, an
7 act to amend the Penal Law, in relation to
8 burglary in buildings.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 53.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 163, by Senator Fuschillo, Senate Print 1547,
21 an act to amend the General Business Law, in
22 relation to increasing the civil penalty.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
463
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 53.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 164, by Senator Skelos, Senate Print 2041, an
10 act to amend the General Business Law, in
11 relation to the sale of laser pointing
12 devices.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the first of
17 September.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 53.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 180, by Senator DeFrancisco, Senate Print
Candyco Transcription Service, Inc.
(518) 371-8910
464
1 1270, an act to amend the Estates, Powers and
2 Trusts Law, in relation to disqualification.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January
7 next succeeding.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 182, by Senator Hannon, Senate Print 1659, an
16 act to amend the Lien Law, in relation to
17 allowing service.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.
Candyco Transcription Service, Inc.
(518) 371-8910
465
1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 219, by Senator Maziarz, Senate Print 3712, an
5 act to amend the Labor Law, in relation to
6 regulation.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 4. 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, 54.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 241, by Senator Morahan, Senate Print 2443A,
19 an act to amend the General Business Law, in
20 relation to certain hotels, motels, and motor
21 courts with balconies.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 60th day.
Candyco Transcription Service, Inc.
(518) 371-8910
466
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 54.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 Senator Skelos, that completes the
8 reading of the noncontroversial calendar.
9 SENATOR SKELOS: Thank you,
10 Mr. President.
11 Is there any further business at
12 the desk?
13 ACTING PRESIDENT MARCELLINO: No,
14 the desk is clear, sir.
15 SENATOR SKELOS: Thank you.
16 While love is in the air, I move we
17 stand adjourned until tomorrow --
18 (Laughter.)
19 SENATOR SKELOS: -- which is
20 Tuesday, January 26th, at 3:00 p.m.
21 February. That's February 26th.
22 ACTING PRESIDENT MARCELLINO: A
23 date which will live in infamy.
24 On motion, the Senate stands
25 adjourned until tomorrow, February 26th, at
Candyco Transcription Service, Inc.
(518) 371-8910
467
1 3:00 p.m.
2 (Whereupon, at 3:16 p.m., the
3 Senate adjourned.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910