Wednesday, January 31, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 31, 2007 11 11:04 a.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

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(518) 371-8910 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 rise and 5 repeat with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: The 9 invocation today will be given by the Reverend 10 Peter G. Young, of the Mother Theresa 11 Community in Albany. 12 REVEREND YOUNG: Let us pray. 13 New Yorkers saw the christening of 14 the American flag when the Stars and the 15 Stripes were first flown in battle at the 16 defense of Fort Stanwick in Rome. 17 It's with great pride that we are 18 able to serve as Senators in this district in 19 this patriotic tradition as the elected 20 leaders to fulfill Your call. 21 O God, we ask all of these men to 22 be blessed in their leadership to the citizens 23 of New York State. 24 Amen. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Thank you, Reverend Young. 2 May we have the reading of the 3 Journal. 4 THE SECRETARY: In Senate, 5 Tuesday, January 30, the Senate met pursuant 6 to adjournment. The Journal of Monday, 7 January 29, was read and approved. On motion, 8 Senate adjourned. 9 ACTING PRESIDENT MARCELLINO: 10 Without objection, the Journal stands approved 11 as read. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 Reports of select committees. 17 Communications and reports from 18 state officers. 19 Motions and resolutions. 20 The chair recognizes Senator 21 Skelos. 22 SENATOR SKELOS: Mr. President, I 23 have a resolution at the desk, Number 285. I 24 ask that the title be read and move for its 25 immediate adoption.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 Secretary will read the title of the 3 resolution. 4 THE SECRETARY: By Senator 5 Skelos, Legislative Resolution Number 285, 6 honoring Frank Sarro upon the occasion of his 7 designation as recipient of the Citizen of the 8 Year Award by the Inwood Civic Association. 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 Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar. 22 ACTING PRESIDENT MARCELLINO: The 23 Secretary will read the noncontroversial 24 calendar. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 5, by Senator Padavan, Senate Print 85, an act 2 to amend the Penal Law, in relation to 3 establishing. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of 8 November. 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 THE SECRETARY: Calendar Number 16 6, by Senator Padavan, Senate Print 90, an act 17 to amend the Penal Law, in relation to 18 trademark counterfeiting. 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.

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(518) 371-8910 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 27, by Senator Larkin, Senate Print 224, an 7 act to amend the Penal Law, in relation to 8 obscene sexual performance. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 10. 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 29, by Senator Morahan, Senate Print 248, an 22 act to amend the Penal Law, in relation to 23 establishing. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 40. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 Senator Skelos, that completes the 11 noncontroversial reading of the calendar. 12 SENATOR SKELOS: Mr. President, 13 is there any further business at the desk? 14 ACTING PRESIDENT MARCELLINO: No, 15 Senator, there is not. 16 SENATOR SKELOS: There being 17 none, I move we stand adjourned until Monday, 18 February 5th, at 3:00 p.m., intervening days 19 being legislative days. 20 ACTING PRESIDENT MARCELLINO: On 21 motion, the Senate stands adjourned until 22 Monday, February 5th, at 3:00 p.m., 23 intervening days being legislative days. 24 (Whereupon, at 11:09 a.m., the 25 Senate adjourned.)

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(518) 371-8910