Jan 14

Top of Form 1
Date: 01/14/2008
Session: Regular
36
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 January 14, 2008
11 3:09 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

(518) 371-8910
37
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I would ask all assembled to rise
5 and join with me in reciting our Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: Today our
10 invocation will be delivered by Father William
11 J. Pape. He is of the Cathedral of the
12 Immaculate Conception of Albany.
13 REVEREND PAPE: Let us place
14 ourselves in the presence of God.
15 Lord God, we stand before You aware
16 of our mortality today, as we remember Barbara
17 "Bobbie" Bruno and give You thanks for her
18 life and her presence in our lives. Her gifts
19 as wife, mother and grandmother sustained her
20 family and brought her joy. May her love of
21 family and life be fulfilled as she now stands
22 in Your presence.
23 Give her husband and her sons and
24 daughters the comfort that comes from knowing
25 that she is at rest and free from the burdens

(518) 371-8910
38
1 of this life.
2 Lord, we pray also for this Empire
3 State and the members of this Senate. May
4 they work cooperatively to build this great
5 state in greatness of opportunity where all
6 can advance in human progress.
7 Give them wisdom, vision, skills,
8 knowledge and will, to carry out what is most
9 noble in the human spirit and in government.
10 We ask this in Your holy name.
11 Amen.
12 THE PRESIDENT: The reading of
13 the Journal.
14 THE SECRETARY: In Senate,
15 Sunday, January 13, the Senate met pursuant to
16 adjournment. The Journal of Saturday,
17 January 12, was read and approved. On motion,
18 Senate adjourned.
19 THE PRESIDENT: Without
20 objection, the Journal stands approved as
21 read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.

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1 The Secretary will read.
2 THE SECRETARY: Senator Leibell,
3 from the Committee on Veterans, Homeland
4 Security and Military Affairs, reports the
5 following bill direct to third reading:
6 Senate Print 6509, by Senator Leibell, an act
7 to amend the Real Property Tax Law.
8 THE PRESIDENT: The bill is
9 reported directly to third reading.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Little.
15 SENATOR LITTLE: Thank you,
16 Mr. President.
17 On behalf of Senator Maltese, I
18 move to amend Senate Bill Number 6495A by
19 striking out the amendments made on
20 January 11th and restoring it to its original
21 print number, 6495.
22 THE PRESIDENT: So ordered.
23 SENATOR LITTLE: Thank you.
24 On behalf of Senator Larkin, I move
25 that the following bills be discharged from

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1 their respective committees and be recommitted
2 with instructions to strike the enacting
3 clause: Bills Number 533, 534, and 646.

5 Thank you, Senator.
6 SENATOR LITTLE: On behalf of
7 Senator Robach, I move that the following
8 bills be discharged from their respective
9 committees and be recommitted with
10 instructions to strike the enacting clause:
11 Senate Bill Number 3096.
13 Those bills will be recommitted, striking the
14 enacting clause.
16 Mr. President, on behalf of myself,
17 I move that the following bills be discharged
18 from their respective committees and be
19 recommitted with instructions to strike the
20 enacting clause: Senate Bills 1103, 1115,
21 1127, and 4513.
22 THE PRESIDENT: On behalf of
23 yourself, Senator, it is so ordered.
25 Mr. President, on behalf of

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1 Senator Winner, I move that the following
2 bills be discharged from their respective
3 committees and be recommitted with
4 instructions to strike the enacting clause:
5 Senate Bill 1719.

7 SENATOR LITTLE: Thank you,
8 Mr. President.
9 THE PRESIDENT: Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 on behalf of Senator Nozzolio, there's a
12 resolution at the desk, 3261. If we could
13 have the title read and open it up for
14 cosponsorship.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: By Senator
18 Nozzolio, Legislative Resolution Number 3261,
19 urging the New York State Congressional
20 delegation to fully support mandated funding
21 for veterans' healthcare services.
22 THE PRESIDENT: Senator Nozzolio,
23 on the resolution.
24 SENATOR NOZZOLIO: Thank you,
25 Mr. President and my colleagues.

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1 This resolution before us urges the
2 federal government to do all possible to
3 mandate funding for veterans' healthcare
4 services. As we this very week will see units
5 from Albany to Buffalo, National Guard units
6 deployed to Iraq and Afghanistan, we owe these
7 soldiers, brave men and women, a great deal.
8 We thank them for their service to
9 our nation. But that service doesn't end with

10 their deployment. It ends with a compact they
11 have with the state and federal governments to
12 continue in supporting their efforts and
13 continue to support and ensure that they have
14 adequate healthcare.
15 This resolution urges that support.
16 And thank you, Mr. President, for the
17 opportunity to speak in support.
18 THE PRESIDENT: On the
19 resolution, all those in favor please indicate
20 so by saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The resolution is
25 carried.

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1 Thank you, Senator Nozzolio.
2 Senator Nozzolio has offered to
3 open this resolution up to be sponsored by
4 everyone here. Anyone wishing not to be on
5 the resolution please indicate so at the desk.
6 Otherwise, the resolution will be unanimous.
7 Senator Skelos.
9 there will be an immediate meeting of the
10 Finance Committee in the Majority Conference
11 Room, and that will be followed by a Rules
12 Committee meeting.
13 The Senate will stand at ease,
14 please.
15 THE PRESIDENT: There will be an
16 immediate meeting of the Finance Committee in
17 the Majority Conference Room, to be followed
18 immediately by a meeting of the Rules
19 Committee.
20 The Senate stands at ease.
21 (Whereupon, the Senate stood at
22 ease at 3:16 p.m.)
23 (Whereupon, the Senate reconvened
24 at 3:28 p.m.)

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2 if we could return to reports of standing
3 committees for the report of the Rules
4 Committee.
5 THE PRESIDENT: We'll return to
6 reports of standing committees.
7 The Secretary will read.
8 THE SECRETARY: Senator Bruno,
9 from the Committee on Rules, reports the
10 following bills:
11 Senate Print 6398A, by Senator
12 DeFrancisco, an act to amend Chapter 606 of
13 the Laws of 2007;
14 6421A, by Senator Libous, an act to
15 amend the Vehicle and Traffic Law;

16 6422, by Senator Nozzolio, an act
17 to amend the Correction Law;
18 6423A, by Senator Nozzolio, an act
19 to amend the Correction Law;
20 6447, by Senator Maziarz, an act to
21 amend Chapter 487 of the Laws of 2007;
22 6477, by Senator Padavan, an act to
23 amend the General Business Law;
24 6487B, by Senator Maziarz, an act
25 to amend the Labor Law;

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1 6489A, by Senator Marcellino, an
2 act to amend the Labor Law;
3 6490, by Senator Nozzolio, an act
4 to amend the Labor Law;
5 6495, by Senator Maltese, an act to
6 amend the Civil Service Law;
7 6519A, by Senator Flanagan, an act
8 to amend the Labor Law and others;
9 And Senate Print 6549, by Senator
10 Fuschillo, an act to amend the Education Law.
11 All bills ordered directly to third
12 reading.
14 SENATOR SKELOS: Mr. President, I
15 move to accept the report of the Rules
16 Committee.
17 THE PRESIDENT: All in favor
18 signify by saying aye.

19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: The motion
23 carries.
25 would you recognize Senator Duane, please.

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1 THE PRESIDENT: The chair
2 recognizes Senator Duane.
3 SENATOR DUANE: Thank you,
4 Mr. President.
5 On behalf of Senator Montgomery, I
6 move that the following bills be discharged
7 from their respective committees and be
8 recommitted with instructions to strike the
9 enacting clause: 2016A, 2116, and 3578.
10 And, Mr. President, on behalf of
11 Senator Parker, I move that the following bill
12 be discharged from its respective committee
13 and be recommitted with instructions to strike
14 the enacting clause: Senate 5914.
15 Thank you, Mr. President.
17 Thank you, Senator Duane.
18 SENATOR SKELOS: Mr. President.
20 SENATOR SKELOS: If we could take
21 up Calendar Number 12, Senate 6549.

22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 12, by Senator Fuschillo, Senate Print 6549,

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1 an act to amend the Education Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56.
9 THE PRESIDENT: The bill is
10 passed.
11 Senator Skelos.
13 is there any further business to come before
14 the Senate?
15 THE PRESIDENT: There is none,
16 Senator.
18 if I could remind the members that tomorrow is
19 the 15th of January. If any of you have to
20 make estimated payments, please do it, because
21 Governor Spitzer will be giving his budget
22 message shortly, and I'm sure he would
23 appreciate the additional revenue. So if you
24 could make those in a timely fashion.

25 (Laughter.)

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1 SENATOR SKELOS: There being no
2 further business to come before the Senate --
3 John, did you get that?
4 There being no further business to
5 come before the Senate, I move that we stand
6 adjourned until Tuesday, January 15th, at
7 11:00 a.m.
8 THE PRESIDENT: Senate is
9 adjourned until Tuesday, January 15th, at
10 11:00 a.m.
11 (Whereupon, at 3:32 p.m., the
12 Senate adjourned.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 January 14, 2008

18 LT. GOVERNOR DAVID A. PATERSON, President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 THE PRESIDENT: The Senate will

4 I would ask all assembled to rise

5 and join with me in reciting our Pledge of

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 THE PRESIDENT: Today our

10 invocation will be delivered by Father William

11 J. Pape. He is of the Cathedral of the

12 Immaculate Conception of Albany.

13 REVEREND PAPE: Let us place

14 ourselves in the presence of God.

15 Lord God, we stand before You aware

16 of our mortality today, as we remember Barbara

17 "Bobbie" Bruno and give You thanks for her

18 life and her presence in our lives. Her gifts

19 as wife, mother and grandmother sustained her

20 family and brought her joy. May her love of

21 family and life be fulfilled as she now stands

23 Give her husband and her sons and

24 daughters the comfort that comes from knowing

25 that she is at rest and free from the burdens

2 Lord, we pray also for this Empire

3 State and the members of this Senate. May

4 they work cooperatively to build this great

5 state in greatness of opportunity where all

6 can advance in human progress.

7 Give them wisdom, vision, skills,

8 knowledge and will, to carry out what is most

9 noble in the human spirit and in government.

10 We ask this in Your holy name.

12 THE PRESIDENT: The reading of

14 THE SECRETARY: In Senate,

15 Sunday, January 13, the Senate met pursuant to

16 adjournment. The Journal of Saturday,

17 January 12, was read and approved. On motion,

19 THE PRESIDENT: Without

20 objection, the Journal stands approved as

23 Messages from the Assembly.

24 Messages from the Governor.

25 Reports of standing committees.

Candyco Transcription Service, Inc.

2 THE SECRETARY: Senator Leibell,

3 from the Committee on Veterans, Homeland

4 Security and Military Affairs, reports the

5 following bill direct to third reading:

6 Senate Print 6509, by Senator Leibell, an act

7 to amend the Real Property Tax Law.

8 THE PRESIDENT: The bill is

9 reported directly to third reading.

10 Reports of select committees.

11 Communications and reports from

13 Motions and resolutions.

15 SENATOR LITTLE: Thank you,

17 On behalf of Senator Maltese, I

18 move to amend Senate Bill Number 6495A by