Feb 11, 2008

Top of Form 1
Date: 02/11/2008
Session: Regular
302
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 February 11, 2008
11 3:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 STEVEN M. BOGGESS, Secretary
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Candyco Transcription Service, Inc.

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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.)
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.
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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305

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.
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.
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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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.
10 question is on the resolution. All in favor
11 signify by saying aye.
12 (Response of "Aye.")
14 Opposed, nay.
15 (No response.)
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.
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.

8 Secretary will call the roll on
9 reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 39.
13 bill is restored to third reading, Senator
14 Hannon.
15 SENATOR HANNON: I now offer the
16 following amendments.
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.

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1 substitution is ordered.
2 The Secretary will read.
4 45, substituted earlier by Member of the
5 Assembly Ortiz, Assembly Print Number 9357A,
6 an act to amend the Public Health Law.
8 Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.

12 Call the roll.
16 bill is passed.
17 Senator Hannon.
18 SENATOR HANNON: Mr. President,
19 may we now have the noncontroversial reading
20 of the calendar.
22 Secretary will read the noncontroversial
23 calendar.
25 32, by Senator Saland, Senate Print 1073A, an

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1 act to amend the Criminal Procedure Law.
3 Read the last section.
7 Call the roll.
11 bill is passed.
13 49, by Senator Maziarz, Senate Print 4786A, an

14 act to amend the Labor Law.
18 act shall take effect on the 120th day.
20 Call the roll.
24 bill is passed.

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1 123, by Senator Robach, Senate Print 5287A, an
2 act to amend the Retirement and Social
3 Security Law.
9 Call the roll.
13 bill is passed.
15 148, by Senator Padavan, Senate Print 90, an
16 act to amend the Penal Law.

20 act shall take effect on the first of
21 November.
23 Call the roll.

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2 bill is passed.
4 150, by Senator Volker, Senate Print 566, an
10 November.
12 Call the roll.
16 bill is passed.
18 152, by Senator Marcellino, Senate Print 618,
19 an act to amend the Penal Law.

21 Read the last section, please.
23 act shall take effect on the first of January.
25 Call the roll.

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4 bill is passed.
6 154, by Senator Skelos, Senate Print 638, an
7 act to amend the Criminal Procedure Law and
8 the Family Court Act.
13 November.
15 Call the roll.
19 bill is passed.
21 155, by Senator Flanagan, Senate Print 680, an


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2 November.
4 Call the roll.
8 bill is passed.
10 157, by Senator Little, Senate Print 1117, an
16 November.
18 Call the roll.
22 bill is passed.
24 160, by Senator Flanagan, Senate Print 695, an
25 act to amend the General Business Law.

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6 Call the roll.
10 bill is passed.
12 165, by Senator Fuschillo, Senate Print 2360C,
13 an act to amend the General Business Law.
19 Call the roll.
23 bill is passed.
25 178, by Senator DeFrancisco, Senate Print

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1 1264, an act to amend the Real Property Law.

7 Call the roll.
11 bill is passed.
13 199, by Senator Larkin, Senate Print 236, an
14 act to amend the Tax Law.
20 Call the roll.
24 bill is passed.

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1 201, by Senator Trunzo, Senate Print 1321, an
2 act to amend the Public Officers Law.

8 Call the roll.
12 bill is passed.
14 203, by Senator Winner, Senate Print 4426, an
15 act to amend the Tax Law.
21 Call the roll.
25 bill is passed.

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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.

10 Call the roll.
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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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 February 11, 2008

18 SENATOR CARL L. MARCELLINO, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

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

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,

21 ACTING PRESIDENT MARCELLINO:

22 Without objection, the Journal stands approved

25 Messages from the Assembly.

1 Messages from the Governor.

2 Reports of standing committees.

3 Reports of select committees.

4 Communications and reports from

6 Motions and resolutions.

7 Senator Seward, could you help us

8 with some motions, please.

9 SENATOR SEWARD: Certainly,

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

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

Candyco Transcription Service, Inc.

1 ACTING PRESIDENT MARCELLINO: The

3 bill will retain its place on the Third

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

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.