March 11, 2008

Top of Form 1
Date: 03/11/2008
Session: Regular
634
2 THE NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 March 11, 2008
11 3:02 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CATHARINE M. YOUNG, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

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1 P R O C E E D I N G S
2 ACTING PRESIDENT YOUNG: 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.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
10 invocation today will be a moment of silence,
11 in absence of clergy. Please bow our heads.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT YOUNG: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Monday, March 10, the Senate met pursuant to
18 adjournment. The Journal of Friday, March 7,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT YOUNG: 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 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Farley.
8 SENATOR FARLEY: Thank you, Madam
9 President.
10 On behalf of Senator Lanza, on
11 page 25 I offer the following amendments to
12 Calendar Number 372, Senate Print 6281A, and I
13 ask that that bill will retain its place on
14 the Third Reading Calendar.
16 amendments are received and adopted, and the
17 bill will maintain its place on the Third
18 Reading Calendar.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 if we could adopt the Resolution Calendar,
22 with the exception of Resolutions 4607, 4619,
23 4624, and 4654.
24 ACTING PRESIDENT YOUNG: All in
25 favor of adopting the Resolution Calendar,

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1 with the exceptions noted, please signify by

2 saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT YOUNG: Opposed,
5 nay.
6 (No response.)
8 Resolution Calendar is adopted.
9 Senator Skelos.
11 if we could take up Resolution 4619, by
12 Senator Maltese, have the title read and move
13 for its immediate adoption.
15 Secretary will read.
16 THE SECRETARY: By Senator
17 Maltese, Legislative Resolution Number 4619,
18 commemorating the 97th Anniversary of the
19 Triangle Shirtwaist Factory Fire on March 25,
20 2008.
21 ACTING PRESIDENT YOUNG: Senator
22 Maltese.
23 SENATOR MALTESE: Yes, Madam
24 President. I rise, as I do each year, to
25 commemorate the anniversary of the Triangle

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1 Shirtwaist Factory Fire. This is the 97th
2 anniversary since that day on March 25th in
3 1911.
4 Many of us remember, many of us

5 know from our history books that the fire laws
6 in New York State and across the country were
7 extremely lax. And as the immigrants from
8 came from the foreign shores, they were put
9 into sweatshops. The term "sweatshops"
10 originated in many of the knitting factories
11 that existed in our own City of New York and
12 across the country.
13 And in these sweatshops the
14 conditions were deplorable, even for those
15 times. The employees were locked in, there
16 was very little air circulating, the hours
17 were horrendous. Many of the establishments
18 indicated that if the employees did not come
19 in on Sundays, they would not be able to work
20 on Mondays, they would not be permitted to
21 work.
22 I'd like to mention at this time my
23 grandfather, Serafino, who I was named after.
24 I use his example as an example of those who
25 came over to this country to seek a better

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1 life.
2 My grandfather was a shoemaker, and
3 when he came over in 1904, he sent for his
4 family after a year or two, where he was able
5 to raise enough to bring his family here. And
6 we look at the plight of the immigrants of
7 those times. And my grandfather sent for his

8 family, which was composed of his wife, his
9 three daughters and his two sons.
10 And they came over, and on the ship
11 coming over his little daughter Maria sickened
12 on the ship coming over and perished at Ellis
13 Island Hospital. So he lost his first
14 daughter, the one of three, in Ellis Island
15 Hospital. But he went on.
16 And settling on the Lower East Side
17 of Manhattan, he did as so many other
18 immigrants did, not only working himself long
19 hours, seven days a week, but his wife and his
20 two daughters went to work at the Triangle
21 Factory -- his wife Caterina, his 17-year-old
22 daughter Lucia, and his 14-year-old daughter
23 Rosaria.
24 And they went to work, and they
25 left for work on the morning of Saturday,

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1 March 25, 1911, and he never saw them alive
2 again.
3 The fire broke out, and nobody
4 knows really what happened, but they speculate
5 that it broke out in the knitting scraps and
6 the material scraps that were on the sides of
7 the floors.
8 The factory itself was on three
9 stories. The ninth story was the executive's
10 floor. And the executives did not -- when the

11 fire broke out, they did not tell the workers
12 on the bottom two floors.
13 An alarm was sent, but the fire
14 ladders of the time reached only up to the
15 sixth floor. The workers ran for the fire
16 escapes, but because they were inferior, they
17 broke under the weight of the people trying to
18 escape at the side of the building. And many
19 of the fire escapes fell to the alley floors,
20 together with those unfortunates that were on
21 them.
22 The majority of the people working
23 there were Italian and Jewish immigrants,
24 almost all of them. One hundred forty-six
25 perished, a majority of them women and young

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1 girls.
2 The fire disabled the elevator, the
3 crush of the women against the elevator
4 disabled the elevator. The remaining women,
5 many of them tried to throw themselves down
6 the elevator shafts. Other women managed to
7 reach the windows, but with the fire ladders
8 reaching only the sixth floor, they were
9 almost of no help.
10 One hundred forty-six women died,
11 including my grandmother and two aunts. I
12 never knew them, but I knew my grandfather
13 Serafino. And he was a deeply religious man.

14 He exemplifies the immigrants that came to
15 this country.
16 As this fire was so horrendous, the
17 loss of life so horrendous, it enabled the
18 International Ladies' Garment Workers, which
19 is now called UNITE today, to grow and to
20 become a much stronger union and protect the
21 employees and improve working conditions.
22 Many of the people involved went on
23 to greater careers -- Robert Wagner, Sr., who
24 headed the commission that investigated, went
25 on to become the United States Senator. Al

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1 Smith, who was the vice chairman of the
2 committee, went on to become the Governor of
3 the State of New York. Frances Perkins went
4 on to become the Secretary of Labor, the first
5 woman to serve as a secretary in a cabinet
6 position. All because of this fire.
7 Unfortunately, many of those
8 similar conditions exist today. Many of us as
9 legislators are attempting to do something
10 about the so-called sweatshop conditions that
11 exist today with the new immigrants that are
12 coming today.
13 Madam President, I offer this
14 resolution -- my colleagues may join in -- in
15 commemoration of all those 146 souls that lost
16 their lives on March 25, 1911. I vote aye.

17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Maltese.
19 The question is on the resolution.
20 All in favor signify by saying aye.
23 nay.
24 (No response.)

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1 resolution is carried.
2 At this time it is my great honor
3 to introduce His Eminence, Edward Cardinal
4 Egan, for the invocation.
5 ARCHBISHOP EGAN: Thank you very
6 much.
7 And, Senator Maltese, I go every
8 year to the Triangle celebration and memorial
9 in New York, and so I know exactly what you're
10 talking about. And I've never failed to give
11 a talk on that occasion; I'm glad to hear
12 you're doing the same.
13 Thank you very much for allowing me
14 to be here. And if we could take a moment for
15 prayer.
16 Almighty and eternal Father, we
17 place ourselves in Your presence. We seek
18 Your blessing. We seek a blessing for the
19 great State of New York, for all the citizens

20 who make it up, who are struggling to live
21 according to Your law and one day will find
22 themselves in Your embrace for all eternity.
23 We pray for our Senators, for the
24 members of our Assembly, and for all who are
25 our political leaders here in this state. May

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1 they and their families have the blessing of
2 Your constant care, for they are ever in Your
3 love.
4 We ask You as well, O Lord, to care
5 for those who are hurting in our state, those
6 who are hungry or losing their homes, without
7 jobs. Those who are strangers, those who are
8 ill, those who need our understanding, our
9 compassion, our love. May we have the courage
10 to live up to Your expectation for our care
11 for every human being, an image of You formed
12 in Your likeness.
13 At this difficult moment in the
14 history of our beloved state, we pray for our
15 Governor, for his family, for his staff, and
16 for all of us. May we find our way through
17 this difficulty and move forward to serve the
18 people of this state as You would have them
19 served, O Father, and to serve You well in
20 each and every one of our days, in each and
21 every one of our efforts.
22 This we ask with total trust and

23 confidence, now and forever.
24 Amen.
25 ACTING PRESIDENT YOUNG: We're

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1 also very honored to be joined by Albany
2 Diocese Bishop Howard Hubbard. Thank you,
3 Bishop.
4 Senator Skelos.
6 there's a resolution at the desk, 4654, by
7 Senator Farley. If we could have it read in
8 its entirety.
12 Farley, Legislative Resolution Number 4654,
13 celebrating the first apostolic visit to the
14 United States of His Holiness Pope Benedict
15 XVI.
16 "WHEREAS, The State of New York
17 takes great pride in acknowledging visits from
18 the world's most esteemed religious leaders;
19 and
20 "WHEREAS, His Holiness Pope
21 Benedict XVI, spiritual leader of the world's
22 1.1 billion Catholics, is the 265th Pope; and
23 "WHEREAS, Pope Benedict will make
24 his first apostolic visit to the United States
25 April 15 through April 20, 2008; and

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1 "WHEREAS, The Holy Father will
2 arrive in New York on April 18th; and
3 "WHEREAS, While in New York,
4 Pope Benedict will speak before the United
5 Nations, offer an ecumenical prayer service at
6 St. Joseph's Church, a mass for priests,
7 deacons, and members of religious orders at
8 St. Patrick's Cathedral and a public mass at
9 Yankee Stadium, attend a youth rally at
10 St. Joseph's Seminary, and visit Ground Zero;
11 and
12 "WHEREAS, The Holy Father was born
13 Josef Alois Ratzinger on April 16, 1927, in
14 Bavaria, Germany; and
15 "WHEREAS, Pope Benedict was
16 ordained a priest in 1951, and earned a
17 doctorate and licentiate in theology from the
18 University of Munich in 1957; and
19 "WHEREAS, The Holy Father taught
20 dogma and fundamental theology at the
21 University of Freising from 1958 until 1959,
22 the University of Bonn from 1959 until 1969,
23 and the University of Munster from 1963 until
24 1966, and
25 "WHEREAS, During the 1960s,

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1 Pope Benedict also attended the Second Vatican

2 Council as a theological consultant to the
3 Archbishop of Cologne; and
4 "WHEREAS, From 1966 until 1969, the
5 Holy Father served as chair of the department
6 of dogmatic theology at the University of
7 Tubingen. He then returned to Bavaria and was
8 appointed professor of dogma and the history
9 of dogmas at the University of Regensburg,
10 where he also served as vice president until
11 1977; and
12 "WHEREAS, in 1969, Pope Benedict, a
13 renowned theologian and author, was named" --
14 ACTING PRESIDENT YOUNG: Excuse
15 me. We have some extra noises in the chamber.
16 Could that cease and desist, please. Thank
17 you. Proceed.
18 With our apologies, the Secretary
19 will read.
20 THE SECRETARY: And
21 "WHEREAS, In 1969, Pope Benedict, a
22 renowned theologian and author, was named a
23 member of the International Theological
24 Commission; and
25 "WHEREAS, The Holy Father was

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1 appointed Archbishop of Munich and Freising in
2 1977. He was named Cardinal later that year;
3 and
4 "WHEREAS, On November 25, 1981,

5 then-Pope John Paul II named Cardinal
6 Ratzinger prefect of the Congregation for the
7 Doctrine of Faith, as well as president of the
8 Pontifical Biblical Commission and the
9 International Theological Commission; and
10 "WHEREAS, On November 20, 2002,
11 Pope John Paul II approved Cardinal
12 Ratzinger's election as Dean of the College of
13 Cardinals and gave him the title of
14 Cardinal-Bishop of Ostia; and
15 "WHEREAS, Cardinal Ratzinger
16 resigned as prefect of the Congregation for
17 the Doctrine of Faith and prepared to
18 participate in the Conclave to elect the next
19 Pope upon the death of Pope John Paul II on
20 April 2, 2005; and
21 "WHEREAS, on April 19, 2005,
22 Cardinal Joseph Ratzinger was elected the
23 265th Pope and the first German Pope in 948
24 years; and
25 "WHEREAS, The Holy Father adopted

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1 the name Benedict XVI, in honor of
2 St. Benedict and of Pope Benedict XV; and
3 "WHEREAS, Pope Benedict has
4 authored two papal encyclicals, God is Love
5 and Saved by Hope; and
6 "WHEREAS, New York State and,
7 indeed, the entire nation is pleased to

8 welcome Pope Benedict XVI upon his first
9 apostolic visit to the United States; now,
10 therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in under the circumstances
13 deliberations to celebrate the first apostolic
14 visit of Pope Benedict XVI; and be it further
15 "RESOLVED, That copies of this
16 resolution, suitably engrossed, be transmitted
17 to His Holiness Pope Benedict XVI and the
18 New York State Catholic Conference."
19 ACTING PRESIDENT YOUNG: Could we
20 please have some order in the chamber.
21 Senator Farley.
22 SENATOR FARLEY: Thank you, Madam
23 President.
24 Let me just say that this
25 resolution, which will be sent to Pope

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1 Benedict -- we're truly honored to have the
2 Cardinal come visit us and to offer his
3 prayer. We're also honored to have the bishop
4 of Albany, Senator -- Bishop Hubbard with us.
5 And let me just say that this
6 resolution is open to every member of the
7 Senate. If you wish not to be a sponsor,
8 please notify the desk. Thank you very much.
9 And, Madam President, I don't know
10 where all that noise is coming from that

11 speaker, but thank you for allowing this
12 resolution to be read.
14 you, Senator Farley.
19 nay.
20 (No response.)
23 Senator Skelos.
25 there's a Resolution 4624 at the desk, by

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1 Senator Maziarz. If we could have the title
2 read and move for its immediate adoption.
6 Maziarz, Legislative Resolution Number 4624,
7 commemorating the 200th Anniversary of Niagara
8 County, New York.
10 Maziarz.
11 SENATOR MAZIARZ: Thank you very
12 much, Madam President.
13 I proudly stand here today on this,

14 the anniversary, March 11, 2008, of the
15 formation of the County of Niagara on
16 March 11, 1808.
17 And this evening, in the county
18 legislative chambers in the City of Lockport,
19 the county legislature will have a ceremonial
20 reenactment of the first legislative meeting
21 held in the new County of Niagara.
22 Niagara County was formed out of
23 what was then Genesee County in Western
24 New York. It's become a worldwide attraction.
25 It's been my home for my entire life. It's a

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1 great place to live, work.
2 And we just wanted to go on record
3 as officially congratulating the County of
4 Niagara on its 200th anniversary.
5 Thank you, Madam President.
7 you, Senator Maziarz. And congratulations to
8 Niagara County on 200 years of success.
9 SENATOR MAZIARZ: Thank you.
11 question is on the resolution. All in favor
12 signify by saying aye.
15 nay.
16 (No response.)
19 Senator Skelos.
21 Senator Thompson has a resolution at the desk,
22 4607. If we could have the title read and
23 move for its immediate adoption.

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2 Thompson, Legislative Resolution Number 4607,
3 commemorating the 116th Anniversary of the
4 City of Niagara Falls, New York, to be
5 celebrated on Friday, March 14, 2008.
7 Thompson, on the resolution.
8 SENATOR THOMPSON: Thank you,
9 Madam President.
10 I'd just like to say a few brief
11 remarks about a very, very good city, the City
12 of Niagara Falls. Some people call it the
13 honeymoon capital of the world. And this
14 Friday, we will celebrate the 116th
15 anniversary of the city.
16 I really enjoy representing the
17 city. It's resurging. And I just hope that
18 people will come out to the city of
19 Niagara Falls and really continue to support

20 other efforts to revitalize not only
21 Niagara Falls but other upstate communities,
22 big cities and small cities and towns as well.
23 Thank you.
25 you, Senator Thompson.

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5 nay.
6 (No response.)
9 Senator Maltese.
10 SENATOR MALTESE: Yes, Madam
11 President. I am speaking in connection with
12 Resolutions 4612 to 4616.
13 As many of my colleagues know, I
14 have the honor of being chairman of the board,
15 for the last 30 years, of the Christ the King
16 Regional High School. We have today a group
17 from Christ the King High School.
18 They are accompanying their
19 principal, Peter Mannarino; the math coach,
20 Mr. Richard Hartman; Alice Wenz, our executive
21 secretary; and Helena Mannarino, the captain
22 of the math team.

23 They entered a contest for the
24 recitation of the most figures of pi. We are
25 fortunate that Mr. Hartman, one of our

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1 instructors and the math team coordinator, can
2 take it to the thousandth number by memory.
3 Because of this, and because of his example
4 also in the chemical elements, he has
5 inaugurated a contest where the students are
6 eligible from the entire school, 40 math
7 classes, to enter.
8 And we have here the winners of
9 that contest. Taking first place, Alvin
10 DeLeon, a senior; Makita Ellis, a freshman;
11 Quincey Martin-Chapman, a freshman. That's
12 first, second and third place for the contest
13 of pi.
14 In the chemical elements contest,
15 Alvin DeLeon again, first place in the
16 contest -- if they would stand as I had said
17 their names -- Juliana L. Daxland, a freshman;
18 and Julia Coltrinari, a senior.
19 I commend them, I ask my colleagues
20 to commend them. Our Senate resolution has
21 commended their efforts. Congratulations.
22 And I vote aye on the resolution.
24 you, Senator Maltese.
25 And we welcome this fine young

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1 group of young people and their mentors.
2 Congratulations on doing just such a great
3 job, especially in the area of math. Keep up
4 the great work and enjoy your day here in
5 Albany.
6 (Applause.)
8 Skelos.
10 if we could go to the noncontroversial reading
11 of the calendar.
14 THE SECRETARY: Calendar Number
15 217, by Senator Maziarz, Senate Print 1630A,
16 an act to amend Part E2 of Chapter 62 of the
17 Laws of 2003.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.

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1 ACTING PRESIDENT YOUNG: The bill

2 is passed.
4 273, by Senator DeFrancisco, Senate Print
5 4391B, an act to amend the Executive Law, in
6 relation to designation.
8 last section.
10 act shall take effect on the 30th day.
12 roll.
16 is passed.
18 287, by Senator Robach, Senate Print 2024, an
19 act to amend the General Municipal Law, in
20 relation to increasing.
22 last section.

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1 roll.
3 THE SECRETARY: Ayes, 52. Nays,
4 2. Senators Duane and Padavan recorded in the

5 negative.
7 is passed.
9 337, by Senator Bonacic, Senate Print 480, an
10 act to amend the Vehicle and Traffic Law, in
11 relation to approaching.
13 last section.
17 roll.
21 is passed.
23 342, by Senator Rath, Senate Print 6184, an
24 act to amend the Vehicle and Traffic Law, in
25 relation to permitting.

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2 last section.
6 roll.

10 is passed.
12 347, by Senator Little, Senate Print 5368, an
13 act to amend the General Municipal Law, in
14 relation to posting copies.
16 last section.
20 roll.
24 is passed.

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1 353, by Senator Marcellino, Senate Print 5760,
2 an act in relation to requiring the
3 Commissioner of Mental Retardation and
4 Developmental Disabilities.
6 last section.
10 roll.
14 is passed.
16 356, by Senator Morahan, Senate Print 6819, an
17 act to amend the Mental Hygiene Law, in
18 relation to the establishment.
20 last section.
24 roll.

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3 is passed.
5 391, by Senator Alesi, Senate Print 266, an
6 act to amend the Correction Law, in relation
7 to restricting.
9 last section.
11 act shall take effect on the first of
12 November.

14 roll.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 391 are
18 Senators Duane, Montgomery and Perkins. Also
19 Senator Hassell-Thompson.
20 Ayes, 52. Nays, 4.
22 is passed.
24 402, by Senator Saland, Senate Print 1087A, an
25 act to amend the Family Court and others, in

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1 relation to including.
3 last section.
7 roll.
11 is passed.
13 418, by Senator DeFrancisco, Senate Print
14 2421, an act to amend the Penal Law, in
15 relation to expanding.

17 last section.
20 November.
22 roll.

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1 is passed.
3 423, by Senator Young, Senate Print 3245, an
4 act to amend the Penal Law, in relation to
5 establishing.
7 last section.
10 November.
12 roll.
16 is passed.
17 That completes the noncontroversial
18 reading of the calendar, Senator Skelos.

20 is there any further business at the desk?
21 ACTING PRESIDENT YOUNG: No,
22 there is not.
23 SENATOR SKELOS: There will be a
24 conference of the Majority at 4:00 p.m. in the
25 Majority Conference Room.

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1 And there being no further
2 business, I move we stand adjourned until
3 Wednesday, March 12th, at 3:00 p.m.
4 ACTING PRESIDENT YOUNG: There
5 will be a conference of the Majority at 4 p.m.
6 in the Majority Conference Room.
7 On motion, the Senate stands
8 adjourned until Wednesday, March 12th, at
9 3:00 p.m.
10 (Whereupon, at 3:32 p.m., the
11 Senate adjourned.)
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Top of Form 1

2 THE NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 March 11, 2008

18 SENATOR CATHARINE M. YOUNG, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT YOUNG: The

3 Senate will come to order.

4 I ask everyone present to please

5 rise and repeat with me the Pledge of

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT YOUNG: The

10 invocation today will be a moment of silence,

11 in absence of clergy. Please bow our heads.

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT YOUNG: Reading

16 THE SECRETARY: In Senate,

17 Monday, March 10, the Senate met pursuant to

18 adjournment. The Journal of Friday, March 7,

19 was read and approved. On motion, Senate

21 ACTING PRESIDENT YOUNG: Without

22 objection, the Journal stands approved as

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.

8 SENATOR FARLEY: Thank you, Madam

10 On behalf of Senator Lanza, on

11 page 25 I offer the following amendments to

12 Calendar Number 372, Senate Print 6281A, and I

13 ask that that bill will retain its place on

14 the Third Reading Calendar.

15 ACTING PRESIDENT YOUNG: The

16 amendments are received and adopted, and the

17 bill will maintain its place on the Third

20 SENATOR SKELOS: Madam President,

21 if we could adopt the Resolution Calendar,

22 with the exception of Resolutions 4607, 4619,

23 4624, and 4654.

24 ACTING PRESIDENT YOUNG: All in

25 favor of adopting the Resolution Calendar,

Candyco Transcription Service, Inc.

1 with the exceptions noted, please signify by

4 ACTING PRESIDENT YOUNG: Opposed,

7 ACTING PRESIDENT YOUNG: The

8 Resolution Calendar is adopted.

10 SENATOR SKELOS: Madam President,

11 if we could take up Resolution 4619, by

12 Senator Maltese, have the title read and move

13 for its immediate adoption.

14 ACTING PRESIDENT YOUNG: The

15 Secretary will read.

16 THE SECRETARY: By Senator

17 Maltese, Legislative Resolution Number 4619,

18 commemorating the 97th Anniversary of the

19 Triangle Shirtwaist Factory Fire on March 25,