March 19 2008 - 1

Top of Form 1
Date: 03/19/2008
Session: Regular
841
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 March 19, 2008
11 11:05 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE H. WINNER, Jr., 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 WINNER: 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.)
9 ACTING PRESIDENT WINNER: In the
10 absence of clergy, may we bow our heads for a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT WINNER: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 18, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 17,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT WINNER: 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 Bruno.
8 SENATOR BRUNO: Are there any
9 substitutions at the desk, Mr. President? I
10 move we accept those substitutions.
12 Secretary will read.
13 THE SECRETARY: On page 27,
14 Senator Hannon moves to discharge, from the
15 Committee on Health, Assembly Bill Number
16 10039 and substitute it for the identical
17 Senate Bill Number 7013, Third Reading
18 Calendar 412.
19 ACTING PRESIDENT WINNER:
20 Substitution ordered.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President, I
23 believe we have a previously adopted
24 resolution at the desk, 4702, that I had
25 sponsored. May we have it at this time read

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1 in its entirety, and we will then share some

2 thoughts.
3 Thank you.
6 THE SECRETARY: By Senator Bruno,
7 Legislative Resolution Number 4702,
8 commemorating Good Joes Day, 2008.
9 "WHEREAS, Saint Joseph is
10 everyone's patron saint, and not just the
11 patron saint of those who are fortunate to
12 bear his name; and
13 "WHEREAS, The New York State
14 Legislature is appreciative of the vital
15 contributions of those good members known as
16 'Joseph'; and
17 "WHEREAS, The Society of Good Joes
18 is celebrating its fiftieth year in memory of
19 the late Joseph Addonizio, and its members
20 have banded together under a common name in
21 the spirit of camaraderie and good fellowship;
22 and
23 "WHEREAS, Tradition holds that
24 Saint Joseph is the patron saint of the
25 working person, of all those who labor with

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1 the dignity that only true humility imparts;
2 and
3 "WHEREAS, On Saint Joseph's Day in
4 March, the swallows return to Capistrano,

5 heralding the conclusion of a long, cold
6 winter and the advent of a new spring; now,
7 therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations and recognize
10 this great day, Wednesday, March 19, 2008, in
11 commemoration and deliberation of all
12 Good Joes in the State of New York, which will
13 be celebrated by the members of the
14 Legislature on Thursday, March 27, 2008, in
15 honor of all the Good Joes of this Empire
16 State."
17 ACTING PRESIDENT WINNER: Senator
18 Bruno.
19 SENATOR BRUNO: Thank you,
20 Mr. President and colleagues.
21 You just heard a resolution
22 commemorating really what amounts to the
23 50th anniversary of the Society of Good Joes.
24 And Joseph Addonizio had created this with a
25 spirit of impartiality, congeniality,

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1 friendship for all Joes.
2 Now, for those of you that thought
3 that he had me in mind, it's really St.
4 Joseph. And, Tom, you may think it's the same
5 thing, but it really isn't.
6 St. Joseph, if you think about the
7 common working person as a carpenter, relating

8 to everyone -- when you talk about Joes, in
9 the spirit of friendship, everybody is a good
10 Joe.
11 We have especially good Joes in Joe
12 Robach, Joe Griffo, Joe Duane over here, who's
13 changed his name.
14 (Laughter.)
15 SENATOR BRUNO: We had Joe
16 DiMaggio out there, we had Joe Namath, we had
17 a lot of -- Joe Louis, William Joseph
18 Shakespeare, Joseph Michelangelo. And the
19 list goes on and on and on.
20 (Laughter.)
21 SENATOR BRUNO: The working Joe.
22 The GI Joe. A cup of joe that you have in the
23 chamber when you're not supposed to.
24 (Laughter.)
25 SENATOR BRUNO: Now, St. Joseph

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1 forgives you, so we forgive you.
2 (Laughter.)
3 SENATOR BRUNO: So today is a day
4 that truly can be the first day of the rest of
5 all of our lives.
6 A lot of history behind us, a lot
7 of goings-on. But let us keep the spirit of
8 goodwill, of optimism, of good cheer, of
9 achievement that really commemorates
10 St. Joseph and all of the other people who do

11 so many good things on behalf of others.
12 And, Mr. President, I would ask
13 everyone in this chamber to join in this
14 resolution. Those that would make exceptions,
15 please privately sneak up to the desk and take
16 your name off.
17 (Laughter.)
18 SENATOR BRUNO: Other than that,
19 I would ask that you put everyone on this
20 resolution, because truly it commemorates the
21 spirit of the day -- togetherness, friendship,
22 partnering, going forward optimistically in a
23 very upbeat way.
24 Thank you, Mr. President. Thank
25 you, colleagues. Bless you, in the name of

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1 St. Joseph.
2 ACTING PRESIDENT WINNER: This
3 resolution was previously adopted on March 18.
4 And the resolution sponsored by
5 Senator Joe Bruno is open for cosponsorship.
6 If you do not wish to be a cosponsor, please
7 notify the desk.
8 Senator Joe Bruno.
9 SENATOR BRUNO: Mr. President, I
10 believe there are three previously passed
11 resolutions, Numbers 4651, 4652, 4653. I
12 would ask that they be read title only and
13 move, again, for whatever comments are

14 appropriate.
17 THE SECRETARY: By Senator Alesi,
18 Legislative Resolution Number 4651, honoring
19 Shining Stars Daycare upon the occasion of its
20 designation for special recognition as an
21 inductee into the 2007 New York State Small
22 Business Hall of Fame.
24 DeFrancisco.
25 SENATOR DeFRANCISCO: Is this

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1 Shining Stars Daycare? Is that what you said?
2 I want to make sure I have the right
3 resolution and I'm not speaking about Good
4 Joes Day.
5 This resolution previously passed,
6 and it's an extremely significant one, in that
7 Shining Stars Daycare was inducted into the
8 New York State Small Business Hall of Fame for
9 the year 2007. A very, very significant
10 accomplishment from a small business in my
11 community in my Senate district.
12 Small businesses are responsible
13 for 75 percent of the newly created jobs in
14 the State of New York. And although we always
15 talk about all of these big projects and the
16 huge number of jobs that are being created --

17 that sometimes decreate over time -- the only
18 constant in the State of New York is
19 businesses that are small business that keep
20 growing and doing the right thing and creating
21 jobs.
22 Shining Stars Daycare is a
23 full-service daycare center enterprise
24 employing 63 people. That was some time ago.
25 It began with -- excuse me, it began with

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1 32 -- yes, right now. And it began with 32
2 children and has expanded six times, and now
3 has a capacity of 244 children. An incredible
4 accomplishment in what we are being told is a
5 slowing economy.
6 Their business is in Liverpool,
7 New York, in my district. And I want to
8 commend them for this great honor. And I
9 believe Mr. Penizotto is there today.
10 Is your wife Estelle here today?
11 MR. PENIZOTTO: She's in the
12 Assembly.
13 SENATOR DeFRANCISCO: In the
14 Assembly? Well, she would have been better
15 off to be here, because this is a much more
16 impressive body. But I hope she enjoys her
17 stay over there.
18 (Laughter.)
19 SENATOR DeFRANCISCO: But

20 congratulations, and keep growing jobs in our
21 community. You're really one of the great
22 companies in the State of New York.
24 Valesky.
25 SENATOR VALESKY: Thank you,

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1 Mr. President. I just want to join my
2 colleague Senator DeFrancisco.
3 John, congratulations. They also
4 have a facility based in East Syracuse, in my
5 Senate district; I had an opportunity to see
6 firsthand the good work that they are doing a
7 year or so ago.
8 And congratulations on this award,
9 well-deserved. Keep up the great work.
12 The Secretary will read.
15 the Gooding Company upon the occasion of its
21 The Secretary will read.

24 Wurlitzer Capital Group, LLC/Audubon Machinery
25 Corporation upon the occasion of its

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5 Rath.
6 SENATOR RATH: Thank you,
7 Mr. Chairman.
8 I'd like to add my congratulations
9 to the awardees, Wurlitzer Capital Group,
10 LLC/Audubon Machinery Corp.
11 There are some folks that we know
12 from back home, they are here. Joseph McMahon
13 is here. Unfortunately, County Executive
14 Chris Collins was not able to be here. And
15 Mr. Schlehr, I believe, is here also. I
16 should put my glasses on so I can read it,
17 which is not something I'm able to do without
18 my glasses anymore.
19 At any rate, I'd like to offer my
20 congratulations and my thanks to all of you
21 for your willingness to be the leaders that
22 you have been throughout Western New York. It
23 has been an exemplary move that you all have
24 made.
25 And when you acquired the Oxygen

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1 Generating System, how wonderful it was for
2 you all to be able to participate by sending a
3 generating system to Florida at the time of
4 Hurricane Katrina.
5 Your new building, built on a
6 remediated brownfield site, being awarded a
7 "Green Building" designation, is certainly
8 another thing that we take note of here in the
9 Legislature, inasmuch as it's a continual
10 fight trying to have brownfields remediated
11 and getting those properties back on the tax
12 roll.
13 So sincerest congratulations, keep
14 up the good work, and we're very proud of you.
15 ACTING PRESIDENT WINNER: Thank
16 you, Senator Rath.
17 Senator Maziarz.
18 SENATOR MAZIARZ: Thank you very
19 much, Mr. President.
20 I want to join my colleague Senator
21 Rath in congratulating the Audubon Machinery
22 Corporation and particularly Joe and his team.
23 I know that their address, their corporate
24 headquarters is actually listed in Senator
25 Rath's district -- but really all the work,

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1 the brain power, and the profits are made on

2 Wurlitzer Drive in the City of North
3 Tonawanda.
4 (Laughter.)
8 you, Senator Maziarz.
9 Congratulations.
10 This resolution was also previously
11 adopted on March 11.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President,
14 can we at this time have the noncontroversial
15 reading of the calendar.
18 THE SECRETARY: Calendar Number
19 218, by Senator Maziarz, Senate Print 1890A,
20 an act to amend the Labor Law and the State
21 Finance Law, in relation to the New York State
22 Worker Protection Board.
23 ACTING PRESIDENT WINNER: Read
24 the last section.
25 THE SECRETARY: Section 6. This

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1 act shall take effect on the 90th day.
2 ACTING PRESIDENT WINNER: Call
3 the roll.
4 (The Secretary called the roll.)

5 THE SECRETARY: Ayes, 46.
7 bill is passed.
9 231, by Senator Farley, Senate Print 1562, an
10 act to amend the Public Health Law, in
11 relation to the healthcare practitioner
12 volunteer program.
16 act shall take effect immediately.
18 the roll.
22 bill is passed.
24 249, by Senator Robach, Senate Print 6832, an
25 act to amend the Civil Service Law, in

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1 relation to providing.
3 the last section.
7 the roll.
11 bill is passed.
13 412, substituted earlier by Member of the
14 Assembly Gunther, Assembly Print Number 10039,
15 an act to amend the New York State Medical
16 Care Facilities Finance Agency Act.
22 the roll.

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1 bill is passed.
3 439, by Senator LaValle, Senate Print 2600, an
4 act to amend the Education Law, in relation to
5 hazing.
7 the last section.
9 act shall take effect on the first of July.

11 the roll.
15 bill is passed.
17 460, by Senator Nozzolio, Senate Print 588A,
18 an act to amend the General Municipal Law, in
19 relation to participants.
25 the roll.

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4 bill is passed.
6 461, by Senator Larkin, Senate Print 1356, an
7 act to remove from the Albert Wisner Memorial
8 Public Library.

14 the roll.
18 bill is passed.
20 463, by Senator Little, Senate Print 6633, an
21 act to authorize the town of Ticonderoga,
22 County of Essex.
23 ACTING PRESIDENT WINNER: There
24 is a home-rule message at the desk.
25 Read the last section.

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4 the roll.
8 bill is passed.
10 467, by Senator Farley, Senate Print 918, an
11 act to amend the Election Law and the State
12 Finance Law, in relation to requiring.

18 the roll.
22 bill is passed.
24 481, by Senator Padavan, Senate Print 3825, an
25 act to amend the Real Property Law, in

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1 relation to construction.
3 the last section.
7 the roll.
9 THE SECRETARY: Ayes, 47. Nays,
10 2. Senators Hassell-Thompson and Perkins
11 recorded in the negative.
13 bill is passed.
15 507, by Senator Marcellino, Senate Print 617,
16 an act to amend the Vehicle and Traffic Law,
17 in relation to increasing.

21 act shall take effect on the first of
22 November.
24 the roll.

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3 bill is passed.
5 514, by Senator DeFrancisco, Senate Print
6 2741A, an act to amend the General Business
7 Law and the Penal Law, in relation to
8 operating.
13 November.
15 the roll.
19 bill is passed.
21 515, by Senator DeFrancisco, Senate Print
22 3271, an act to amend the Navigation Law, the

23 Parks, Recreation and Historic Preservation
24 Law, and the Vehicle and Traffic Law.

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1 the last section.
3 act shall take effect on the 120th day.
5 the roll.
9 bill is passed.
11 527, by Senator Padavan, Senate Print 69, an
12 act to amend the Penal Law, in relation to
13 seizure and forfeiture.
18 November.
20 the roll.
24 bill is passed.

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1 529, by Senator Golden, Senate Print 158, an
3 criminal use of public records.
5 the last section.
8 November.
10 the roll.
12 THE SECRETARY: Ayes, 48. Nays,
13 1. Senator Duane recorded in the negative.
15 bill is passed.
17 530, by Senator Morahan, Senate Print 246, an
19 providing.
24 November.

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1 the roll.
5 bill is passed.
7 537, by Senator Trunzo, Senate Print 884, an
9 prohibiting.
14 November.
16 the roll.
20 bill is passed.
22 542, by Senator Fuschillo, Senate Print 1534,
23 an act to amend the Penal Law, in relation to
24 including.

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1 the last section.
4 November.
6 the roll.
10 bill is passed.
11 That completes the noncontroversial
12 reading of the calendar, Senator Bruno.
14 can we at this time return to motions and
15 resolutions and recognize Senator Maziarz.
16 ACTING PRESIDENT WINNER: Motions
17 and resolutions.
18 Senator Maziarz.
21 I do want to speak on Resolution
22 Number 4652, our distinguished honorees on
23 their induction into the Small Business Hall
24 of Fame. The Gooding Company of Niagara
25 County is included. The principal owner,

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1 Jerry Hace, is here with us today.
2 Gooding Company was a commercial
3 printer for a number of years in the City of
4 Lockport -- actually, since the 1800s in the
5 City of Lockport in Niagara County. And Jerry
6 purchased the Gooding Company in 1990 and knew
7 that in order to take the company into the

8 next century, he'd have to embrace new
9 technology. And he did that, with the help of
10 the Small Business Development Center.
11 He's grown Gooding, doubled the
12 number of employees that they have. They're
13 an excellent employer, they have an excellent
14 reputation. And they're a great part of the
15 business community in the City of Lockport and
16 in all of Niagara County.
17 So congratulations to you, Jerry,
18 and thank you very much.
20 you, Senator Maziarz.
21 And I'd like to give a round of
22 applause to all these great business leaders.
23 (Applause.)
25 DeFrancisco.

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1 SENATOR DeFRANCISCO: On the same
2 resolution, Stella Penizotto is here now,
3 after her short visit to the Assembly.
4 And I just want to acknowledge that
5 this is a much more impressive chamber
6 honoring people of business, who we honor all
7 the time here in the Senate by passing laws
8 that help small and large businesses go
9 forward and creating jobs. It's nice to have
10 her here as well.

11 Thank you.
13 you, Senator DeFrancisco.
14 (Applause.)
16 Bruno.
17 SENATOR BRUNO: Mr. President, is
18 there other business at the desk that we
19 should tend to now?
20 ACTING PRESIDENT WINNER: Yes.
21 We'll return to motions and resolutions.
22 Senator Robach.
23 SENATOR ROBACH: Yes,
24 Mr. President.
25 On page 27, on behalf of Senator

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1 Saland, I offer the following amendments to
2 Calendar Number 414, Senate Print Number 1086,
3 and ask that said bill retain its place on the
4 Third Reading Calendar.
5 ACTING PRESIDENT WINNER: So
6 ordered.
7 Senator Bruno, that completes the
8 business.
9 SENATOR BRUNO: Mr. President, we
10 are graced by the presence of the occupational
11 therapists right here.
12 And we want to welcome them here to
13 the chamber and just applaud them on all the

14 good things that they do to improve the
15 quality of people's lives.
16 Thank you.
17 (Applause.)
19 you, Senator Bruno.
21 we're going to ask for an immediate conference
22 of the Majority after session.
23 And there being no further business
24 to come before the Senate at this time, I move
25 that we stand adjourned until Wednesday,

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1 March 26th, at 3:00 p.m., intervening days to
2 be legislative days.
3 Happy Easter and safe passage.
4 Thank you.
5 ACTING PRESIDENT WINNER: There
6 will be an immediate meeting of the Majority
7 Conference in Room 332.
8 On motion, the Senate stands
9 adjourned until Wednesday, March 26th, at
10 3:00 p.m., intervening days being legislative
11 days.
12 (Whereupon, at 11:30 a.m., the
13 Senate adjourned.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 March 19, 2008

18 SENATOR GEORGE H. WINNER, Jr., Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT WINNER: 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 WINNER: In the

10 absence of clergy, may we bow our heads for a

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT WINNER: Reading

16 THE SECRETARY: In Senate,

17 Tuesday, March 18, the Senate met pursuant to

18 adjournment. The Journal of Monday, March 17,

19 was read and approved. On motion, Senate

21 ACTING PRESIDENT WINNER: 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 BRUNO: Are there any

9 substitutions at the desk, Mr. President? I

10 move we accept those substitutions.

11 ACTING PRESIDENT WINNER: The

12 Secretary will read.

13 THE SECRETARY: On page 27,

14 Senator Hannon moves to discharge, from the

15 Committee on Health, Assembly Bill Number

16 10039 and substitute it for the identical

17 Senate Bill Number 7013, Third Reading

19 ACTING PRESIDENT WINNER:

22 SENATOR BRUNO: Mr. President, I

23 believe we have a previously adopted

24 resolution at the desk, 4702, that I had

25 sponsored. May we have it at this time read

Candyco Transcription Service, Inc.

1 in its entirety, and we will then share some

4 ACTING PRESIDENT WINNER: The

5 Secretary will read.

6 THE SECRETARY: By Senator Bruno,

7 Legislative Resolution Number 4702,

8 commemorating Good Joes Day, 2008.

9 "WHEREAS, Saint Joseph is

10 everyone's patron saint, and not just the

11 patron saint of those who are fortunate to

12 bear his name; and

13 "WHEREAS, The New York State

14 Legislature is appreciative of the vital

15 contributions of those good members known as

17 "WHEREAS, The Society of Good Joes

18 is celebrating its fiftieth year in memory of