Tuesday, January 29, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 29, 2008 11 11:10 a.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

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would you please all rise and join 5 with me in reciting the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: In the absence of 9 clergy, we will bow our heads in silence for a 10 moment. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 THE PRESIDENT: The reading of 14 the Journal. 15 THE SECRETARY: In Senate, 16 Monday, January 28, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 January 26, was read and approved. On motion, 19 Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 if we could take up the nominations at this 5 time. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Senator O. 9 Johnson, from the Committee on Finance, 10 reports the following nominations. 11 As a member of the Board of 12 Trustees of the State University of New York, 13 Linda S. Sanford, of Chappaqua. 14 SENATOR SKELOS: Move the 15 nomination, please. 16 THE PRESIDENT: On the nomination 17 of Linda S. Sanford as a member of the Board 18 of Trustees of the State University of 19 New York, 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 nomination is 25 confirmed.

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(518) 371-8910 1 Linda S. Sanford, of Chappaqua, 2 New York, joins us. She's in the east 3 gallery. We want to congratulate her on this 4 appointment and wish her all the best in her 5 service to the State University of New York 6 and to all the citizens of the State of 7 New York. 8 Linda, thank you very much. And on 9 behalf of the Senate, we extend to you all of 10 our best wishes. 11 (Applause.) 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: As a member of 15 the Board of Trustees of the City University 16 of New York, Charles A. Shorter, of New York 17 City. 18 THE PRESIDENT: Senator Skelos. 19 SENATOR SKELOS: Move the 20 nomination. 21 THE PRESIDENT: On the nomination 22 of Charles A. Shorter, of New York City, who 23 will be seeking appointment to the City 24 University of New York as a member of the 25 Board of Trustees, all those in favor please

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(518) 371-8910 1 indicate so by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: Senator Stavisky. 6 SENATOR STAVISKY: To explain my 7 vote. 8 THE PRESIDENT: Senator Stavisky, 9 on the nomination. 10 SENATOR STAVISKY: I just want to 11 commend the Governor on two outstanding 12 appointments, Linda Sanford and Charles 13 Shorter. 14 They bring a new dimension to their 15 service on the CUNY and SUNY boards. They are 16 both experienced people in the business 17 community, and I look forward to a productive 18 and lengthy tenure on their part. 19 Thank you, Mr. President. 20 THE PRESIDENT: On the 21 nomination, all those in favor please 22 indicates so by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: Charles A. 2 Shorter, who is an outstanding citizen and 3 community leader from New York City, you are 4 hereby appointed to the Board of Trustees of 5 the City University of New York. 6 We extend to you our best wishes on 7 behalf of Senator Stavisky and all those other 8 members of the Senate who may not have spoken 9 but certainly are pleased at the Governor's 10 appointment. We wish you well and hope that 11 you will succeed in your service to the 12 residents of the State of New York. 13 Congratulations. 14 (Applause.) 15 THE PRESIDENT: The Secretary 16 will read the rest of the nominations. 17 THE SECRETARY: As a member of 18 the Niagara Frontier Transportation Authority, 19 Adam W. Perry, of Buffalo. 20 As a member of the 21 Rochester-Genesee Regional Transportation 22 Authority, Paul J. Battaglia, of Batavia. 23 As a member of the State Public 24 Transportation Safety Board, David Berke, of 25 New York City.

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(518) 371-8910 1 As a member of the Industrial Board 2 of Appeals, Mark G. Pearce, of Buffalo. 3 As director of the New York State 4 Urban Development Corporation, Derrick D. 5 Cephas, of New York City. 6 As a member of the Central New York 7 State Park, Recreation and Historic 8 Preservation Commission, Daniel J. Trevisani, 9 of Utica. 10 As a member of the Finger Lakes 11 State Park, Recreation and Historic 12 Preservation Commission, Robert H. Scharf, of 13 Dundee. 14 And as members of the Board of 15 Visitors of the Central New York Developmental 16 Disabilities Services Office, Margaret W. 17 Abbott, of Lyons Falls, and James R. Iles, of 18 Clay. 19 THE PRESIDENT: Senator Skelos. 20 SENATOR SKELOS: Move the 21 nominations, please. 22 THE PRESIDENT: On the 23 nominations, all those in favor please 24 indicate by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 THE PRESIDENT: Opposed, nay. 2 (No response.) 3 THE PRESIDENT: Senator Thompson 4 would like to speak on the nominations. 5 SENATOR THOMPSON: Yes, 6 Mr. President, I just wanted to say a few good 7 words on behalf of two appointments. 8 One is Adam Perry, who's an 9 attorney with Hodgson Russ who's been 10 appointed to the Niagara Frontier 11 Transportation Authority by the Governor. And 12 we thank the Governor for this very good 13 appointment. Adam is a community-minded 14 person, he's an accomplished attorney. I 15 think he's going to be a tremendous asset to 16 the NFTA. 17 The other is Mark Pearce, who's 18 also a very progressive attorney, very 19 accomplished, a partner in his own firm out of 20 Buffalo as well. 21 These two are two highly 22 credentialed individuals who will be giving in 23 a voluntary capacity to the betterment of 24 New York State, and I want to thank Governor 25 Spitzer and yourself for these two great

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(518) 371-8910 1 appointments. 2 Thank you. 3 THE PRESIDENT: Thank you, 4 Senator Thompson. 5 Senator Hassell-Thompson. 6 SENATOR HASSELL-THOMPSON: Thank 7 you, Mr. President. 8 I rise to also commend the Governor 9 on these appointments. But very specifically, 10 I'd like to bring attention to the appointment 11 of Derrick D. Cephas to the director of the 12 New York State Urban Development Corp. 13 I have followed Mr. Cephas's career 14 for many years, had the opportunity to work 15 with him as the Superintendent of Banks. And 16 certainly I know that he will bring a 17 tremendous perspective to the Urban 18 Development Corp. as we go forward to develop 19 the State of New York. And I want to just be 20 sure that I add my congratulations to him and 21 to the Governor on these appointments. 22 Thank you, Mr. President. 23 THE PRESIDENT: On the 24 nominations, all those in favor indicate so by 25 saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: Opposed, nay. 3 (No response.) 4 THE PRESIDENT: The nominations 5 are confirmed. 6 Returning to the order of business, 7 reports of select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could adopt the Resolution Calendar, 14 with the exception of Resolution 4122. 15 THE PRESIDENT: All those in 16 favor of adopting the Resolution Calendar, 17 with exception, please indicate by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: Without 22 objection, the Resolution Calendar is adopted 23 with the exception of Resolution 4122. 24 SENATOR SKELOS: Mr. President, 25 if we could at this time take up Resolution

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(518) 371-8910 1 4122, by Senator Thompson, have the title 2 read, move it for immediate adoption, and also 3 open it up for cosponsorship. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator 7 Thompson, Legislative Resolution Number 4122, 8 recognizing the month of February 2008 as 9 Black History Month in the State of New York. 10 THE PRESIDENT: Senator Thompson. 11 SENATOR THOMPSON: Thank you, 12 sir. 13 First let me say that it's with 14 great privilege and honor that I stand today 15 in cosponsorship of this very important 16 resolution. As many of you are fully aware, 17 Saturday kicks off Black History Month and 18 also African-American History Month as well. 19 And for me, it's always a pleasure 20 to be able to sponsor these resolutions. I 21 used to do this as well when I was on the City 22 Council in Buffalo. Largely because through a 23 blessing to be able to go to college at SUNY 24 Brockport, I was able to learn a lot about 25 black history and its importance and its

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(518) 371-8910 1 significance. 2 And for so many young people, 3 particularly young people across our cities of 4 New York State, many of them still today don't 5 know a whole lot about themselves. And I'll 6 never forget as a young inner city kid in 7 Buffalo in the 12th grade, I had a teacher, 8 Mr. Shapiro, who not until I was 18 years of 9 age was I able to learn about African-American 10 history, growing up in the city of Buffalo, 11 outside of Dr. King. At 18 years of age. 12 So then when I had the opportunity 13 to go to college, for me it was really 14 inspiring to be able to take classes and learn 15 more about African-American history. I think 16 it helped shape my world view. And I think 17 that more people need to have a greater 18 understanding. 19 And so Black History Month for me 20 is something that is extremely important. 21 Many of our kids don't know a lot about 22 themselves. But fortunately, because of the 23 Internet, more young people are able to learn 24 in ways that I did not have that opportunity 25 to many years ago. If your teachers didn't

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(518) 371-8910 1 teach you about it, think about it, you go 2 through 11 years of school and you don't learn 3 it until 12th grade. 4 And I just know that if more young 5 people could learn about people who don't look 6 like them and people that do look like them, 7 it will continue to inspire and encourage them 8 the way it did for me. 9 So I just want to say thank you for 10 this opportunity. I know that we're going to 11 open up this resolution for everyone. And 12 black history is also a critical part of 13 American history as well. 14 Thank you. 15 THE PRESIDENT: Senator 16 Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Thank 18 you, Mr. President. 19 I commend Senator Thompson on 20 bringing this resolution to the floor. As he 21 spoke, I remember -- I'm old enough to 22 remember when we celebrated only a week of 23 Black History Month, and now it has become a 24 month. 25 I look forward to the day when our

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(518) 371-8910 1 books will record and report the 2 accomplishments of all people, making it 3 unnecessary to have to designate a time where 4 we have to point to the accomplishments of 5 people, but, rather, our behavior, our books 6 and our way of life will be inclusive enough 7 that Black History Month will be something 8 that will be a thing of the past. I hope that 9 in my lifetime I will see that happen. 10 Thank you, Mr. President. 11 THE PRESIDENT: On the 12 resolution, all those in favor please indicate 13 so by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution is 18 adopted and is open for cosponsorship. Anyone 19 wishing not to be on the resolution may come 20 up and indicate so at the desk. Otherwise, 21 the resolution carries unanimously. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there's a resolution at the desk by Senator 25 Craig Johnson, 4131. If we could have the

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(518) 371-8910 1 title read and move for its immediate 2 adoption. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: By Senator 6 C. Johnson, Legislative Resolution Number 7 4131, memorializing Governor Eliot Spitzer to 8 proclaim February 3 through February 9, 2008, 9 as Kawasaki Disease Awareness Week in the 10 State of New York. 11 THE PRESIDENT: Senator Craig 12 Johnson, on the resolution. 13 SENATOR CRAIG JOHNSON: Thank 14 you. Thank you very much. I will be brief. 15 Kawasaki disease is a children's 16 illness that about 80 percent of the people 17 with Kawasaki's disease are children under the 18 age of five. 19 What makes this disease very 20 disconcerting is that it can't be detected and 21 oftentimes mirrors other illnesses that 22 doctors misdiagnose the disease. Its symptoms 23 can be symbolic of other illnesses. 24 The problem becomes that Kawasaki's 25 disease affects the heart. And if you are

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(518) 371-8910 1 stricken with Kawasaki disease at a young age, 2 you oftentimes, as you get older, will suffer 3 from heart disease and obviously death. 4 And so what this resolution simply 5 does is it makes the week from February 3rd 6 through February 9th Kawasaki Disease 7 Awareness Week, to help our medical 8 professionals become more aware of this 9 dreaded disease and help find not just ways to 10 find the cause of it but also to find a cure 11 for it. 12 So I thank you, and I welcome all 13 Senators to join on the resolution. 14 Thank you very much, Mr. President. 15 THE PRESIDENT: On the 16 resolution, all those in favor indicate by 17 saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution 22 has carried. 23 Senator Skelos. 24 SENATOR SKELOS: Mr. President, 25 there's a concurrent resolution at the desk,

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(518) 371-8910 1 4145. If we could have the title read and 2 move for its immediate adoption. 3 THE PRESIDENT: The Secretary 4 will read Concurrent Resolution 4145. 5 THE SECRETARY: By Senator Bruno, 6 Concurrent Resolution Number 4145, 7 establishing a plan setting forth an itemized 8 list of grantees for certain appropriations 9 for the 2007-2008 state fiscal year, as 10 required by subdivision 5 of Section 24 of the 11 State Finance Law. 12 THE PRESIDENT: Is there any 13 Senator who wishes to speak on the resolution? 14 Hearing none, all those in favor. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The resolution is 19 adopted. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, I 22 believe there are substitutions to be made at 23 the desk at this time. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: On page 15, 2 Senator Leibell moves to discharge, from the 3 Committee on Investigations and Government 4 Operations, Assembly Bill Number 9443 and 5 substitute it for the identical Senate Bill 6 Number 6513, Third Reading Calendar 59. 7 And on page 16, Senator Maziarz 8 moves to discharge, from the Committee on 9 Labor, Assembly Bill Number 9817 and 10 substitute it for the identical Senate Bill 11 Number 6798, Third Reading Calendar 131. 12 THE PRESIDENT: Substitutions 13 ordered. 14 Senator Sabini. 15 SENATOR SABINI: Thank you, 16 Mr. President. 17 I just wanted to note for my 18 colleagues that Resolution 4097, which I 19 sponsor along with Senator Malcolm Smith, does 20 something that's kind of amazing. It 21 commemorates the 50th year of someone in one 22 institution. Not many people can say that 23 other than our own friend Senator Marchi. 24 Jack Curran is celebrating his 50th 25 anniversary at Archbishop Molloy High School.

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(518) 371-8910 1 He is the legendary head basketball and 2 baseball coach at Archbishop Molloy, an 3 institution I attended that's in Senator 4 Malcolm Smith's district. 5 Coach Curran has, as many in 6 Catholic schools do, had to do double duty, so 7 he's coached basketball, he's coached 8 baseball, he was a gym teacher. He was my gym 9 teacher. And he's been involved in touching 10 the lives of some notoriously successful 11 athletes, like Olympians Brian Winters, Kevin 12 Joyce, NBA stars like Kenny Smith and Kenny 13 Anderson. 14 He started out with another legend, 15 Coach Lou Carnesecca, and went on to become 16 his successor. He also was involved in 17 teaching, in one form or another, some pretty 18 prominent residents of our state, including 19 Attorney General Cuomo, New York City Police 20 Commissioner Ray Kelly, Council Member Joseph 21 Addabbo, Jr., and the former Assembly Minority 22 Leader John Faso. 23 What struck me when we put this 24 resolution in is a few years ago, if you 25 remember, we had Coach Jim Boeheim here of the

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(518) 371-8910 1 national champion Syracuse Orangemen, who made 2 our state so proud. And when I was introduced 3 to him, he asked me where I went to high 4 school. And I said Archbishop Molloy, and he 5 said: "Tell Coach Curran I said hello." 6 He has dedicated literally his 7 adult life to bettering the lives of the young 8 men -- and now young women -- of Archbishop 9 Molloy, and I wanted to salute him on his 10 50th anniversary. 11 And I thank you for the opportunity 12 to speak. 13 THE PRESIDENT: Thank you, 14 Senator Sabini. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 if we can go to the noncontroversial reading 18 of the calendar. 19 THE PRESIDENT: Senator Padavan. 20 SENATOR PADAVAN: If I may, and 21 with the indulgence of Senator Sabini, I would 22 like to have my name added to the resolution 23 adopted on behalf of Jack Curran, whom I know 24 as an instructor of my son while he was at 25 Molloy, and his coach.

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(518) 371-8910 1 So I join you in applauding all his 2 wonderful efforts. 3 THE PRESIDENT: We will add 4 Senator Padavan's name to the resolution 5 saluting Coach Jack Curran in his 50th year at 6 Archbishop Molloy High School. 7 Now we will proceed to the 8 noncontroversial reading of the calendar. The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 35, by Senator DeFrancisco, Senate Print 1825, 12 an act to amend the Penal Law, in relation to 13 payment. 14 THE PRESIDENT: The Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: The Secretary 19 will call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: And the Secretary 22 will announce the results. 23 THE SECRETARY: Ayes, 51. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 40, by Senator Volker, Senate Print 4114, an 3 act to amend the Criminal Procedure Law and 4 the Judiciary Law, in relation to allowing 5 payment. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 5. This 9 act shall take effect on the first of 10 November. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Results. 14 THE SECRETARY: Ayes, 50. Nays, 15 1. Senator Duane recorded in the negative. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 42, by Senator DeFrancisco, Senate Print 4458, 20 an act to amend the Criminal Procedure Law, in 21 relation to service of a supporting 22 deposition. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the first of January. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: Results. 5 THE SECRETARY: Ayes, 52. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 48, by Senator Maltese, Senate Print 4473, an 10 act to amend the Labor Law, in relation to 11 requiring. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 52. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 52, by Senator Morahan, Senate Print 3894, an 23 act to amend the Penal Law, in relation to 24 designating. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 52. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 53, by Senator LaValle, Senate Print 2038, an 12 act to amend the Workers' Compensation Law, in 13 relation to including. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 59, substituted earlier by Member of the 25 Assembly Bradley, Assembly Print Number 9443,

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(518) 371-8910 1 an act to amend the Tax Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the same date and in 6 the same manner as Chapter 596 of the Laws of 7 2007. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 53. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 77, by Senator Maltese, Senate Print 4249, an 15 act to amend the Labor Law and the Education 16 Law, in relation to prohibiting. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 7. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 53. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 131, substituted earlier today by Member of 3 the Assembly John, Assembly Print Number 9817, 4 an act to amend the Workers' Compensation Law 5 and others. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 16. This 9 act shall take effect February 1, 2008. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 54. 13 THE PRESIDENT: The bill is 14 passed. 15 Senator Skelos, that completes the 16 reading of the calendar. 17 SENATOR SKELOS: Thank you, 18 Mr. President. 19 Is there any further business at 20 the desk? 21 THE PRESIDENT: There is no 22 further business at the desk, Senator. 23 SENATOR SKELOS: There being no 24 further business, I move that we stand 25 adjourned until Monday, February 4th -- when

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(518) 371-8910 1 we'll be celebrating the Giants' winning of 2 the Super Bowl -- at 3:00 p.m., intervening 3 days being legislative days. 4 THE PRESIDENT: On motion, the 5 Senate stands adjourned until Monday, 6 February 4th, at 3:00 p.m., all intervening 7 days being legislative days and celebration. 8 The Senate is adjourned. 9 (Whereupon, at 11:33 a.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910