Monday, March 21, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 21, 2005 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, 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 please 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 THE PRESIDENT: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Sunday, March 20, the Senate met pursuant to 18 adjournment. The Journal of Saturday, 19 March 19, was read and approved. On motion, 20 Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 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 THE PRESIDENT: You're welcome. 11 SENATOR FARLEY: On behalf of 12 Senator LaValle, I move that the following 13 bill be discharged from its respective 14 committee and be recommitted with instructions 15 to strike the enacting clause. That's Senate 16 1091. 17 THE PRESIDENT: So ordered, 18 Senator Farley. 19 SENATOR FARLEY: On behalf of 20 Senator Golden, Madam President, I move to 21 recommit Senate Print Number 2270, Calendar 22 161, which is on the order of third reading, 23 to the Committee on Codes, with instructions 24 to strike the enacting clause. 25 THE PRESIDENT: So ordered.

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(518) 371-8910 1 SENATOR FARLEY: Also on behalf 2 of Senator Golden, Madam President, I move to 3 recommit Senate Print 2211, Calendar Number 4 158, which is on the order of third reading, 5 to the Committee on Codes, with instructions 6 to that committee to strike the enacting 7 clause. 8 THE PRESIDENT: So ordered. 9 Senator Skelos. 10 SENATOR SKELOS: Madam President, 11 there's a resolution, Number 933, by Senator 12 Meier. Could we have it read in its entirety 13 and move for its immediate adoption. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: By Senator Meier, 17 Legislative Resolution Number 933, mourning 18 the death of former Assemblyman Nicholas J. 19 Calogero. 20 "WHEREAS, This Assembled Body is 21 moved to recognize and pay tribute to Nicholas 22 J. Calogero, a distinguished former colleague 23 and dedicated Public Accountant and community 24 leader, who passed away on October 9, 2004, at 25 the age of 80; and

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(518) 371-8910 1 "WHEREAS, Nicholas Calogero of 2 Utica, New York, served with distinction as a 3 member of the New York State Assembly from 4 1973 to 1980, most honorably representing the 5 116th Assembly District, part of Oneida 6 County. It is with deep regret that this 7 Assembled Body records his passing, noting the 8 significance of his purposeful life and 9 accomplishments; and 10 "WHEREAS, Nicholas Calogero was 11 born in Utica, New York, on August 27, 1924, 12 to the late Giuseppe and Sarah Calogero. He 13 was educated in the elementary schools of 14 Utica and graduated as Class President of 15 Remsen Central High School. While attending 16 Syracuse University, he served as head 17 cheerleader for the Orangemen and was a loyal 18 brother of the Zeta Psi fraternity. He 19 graduated in 1947 with a Bachelor of Science 20 degree in accounting. Following college, he 21 proudly served in the United States Naval 22 Reserve; and 23 "WHEREAS, Nicholas Calogero began 24 his accounting career in 1947 at the Moore, 25 O'Reilly and Hart Public Accounting Firm. One

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(518) 371-8910 1 year later, he started his own accounting 2 practice and worked in the profession for 3 50 years. In 1987, he became a Certified 4 Financial Planner. Later, his son John joined 5 him in the business and they practiced 6 together until Nick's retirement in 1997. 7 John continues to carry on the family 8 business, now known as Calogero and 9 Associates; and 10 "WHEREAS, On October 29, 1955, in 11 Utica's Blessed Sacrament Church, Nicholas 12 Calogero married the former Margaret 'Peggy' 13 Mieville. They raised give children and 14 enjoyed a close and loving marriage of over 43 15 years, until her passing on June 21, 1998; and 16 "WHEREAS, A civic-minded man, 17 Nicholas Calogero always had an active 18 interest in public service. He was president 19 of the Young Republicans Club and served on 20 the executive committee of the Oneida County 21 Republican Party. He was elected to the 22 Oneida County Board of Legislators and held 23 that position until his successful election to 24 the New York State Assembly in 1972; and 25 "WHEREAS, During his four terms

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(518) 371-8910 1 representing the 116th Assembly District, 2 Nicholas Calogero served as the ranking member 3 of the Insurance Committee and was a member of 4 several other legislative committees. He was 5 a staunch advocate for the insurance industry, 6 tax reform and government consolidation and 7 regionalization in New York State. He 8 sponsored and cosponsored numerous pieces of 9 legislation and was very proud of the bill he 10 passed to grant visitation rights to 11 grandparents; and 12 "WHEREAS, Nicholas Calogero was 13 also president of the Utica Junior Chamber of 14 Commerce and, active in his profession, he was 15 a member of the National Society of Public 16 Accountants and a member and vice president of 17 the New York State Association of Public 18 Accountants; and 19 "WHEREAS, Nicholas Calogero was a 20 long-time member of the Church of Our Lady of 21 Lourdes, where he served as a member of the 22 parish council and as a trustee and helped 23 with many fundraisers. He was also a former 24 trustee of Notre Dame High School, and, always 25 willing to give of his time and talents, he

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(518) 371-8910 1 provided his accounting services pro bono for 2 the church and many other organizations, 3 including Operation Sunshine, the 4 Observer-Dispatch charitable fund which 5 reaches out to area needy children and their 6 families; and 7 "WHEREAS, Nicholas Calogero was, in 8 addition, a member of the Faxton/St. Luke's 9 Health Care Foundation, a Fourth Degree member 10 of the Utica Council #189 of the Knights of 11 Columbus, a past president of the Utica 12 chapter of the Syracuse University Alumni 13 Association, and a member of the Mohawk Valley 14 Association for Progress and the Yahnundasis 15 Country Club; and 16 "WHEREAS, Among Nicholas Calogero's 17 most notable accomplishments of which he was 18 justly proud were his efforts to help restore 19 Utica's Union Station to the community 20 treasure it is today, efforts which earned him 21 an award from the Landmarks Society of Greater 22 Utica, and the expansion of the State 23 University College at Utica/Rome; and 24 "WHEREAS, Throughout his life, 25 Nicholas Calogero touched the lives of his

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(518) 371-8910 1 family, which he believed included not only 2 his wife, children and grandchildren, but his 3 community as well, and friends over the years, 4 charming them with his clever wit, delightful 5 sense of humor, and imaginative stories. He 6 will be missed by all who knew him; and 7 "WHEREAS, Nicholas Calogero is 8 survived by his children -- Nicholas J., Jr., 9 and Sharon Calogero, Judith Calogero, Stephen 10 and Mary Virginia Calogero, John and Beth 11 Calogero, and Jennifer and Todd Alhart -- his 12 grandchildren -- Nicholas Andrew, Mary 13 Margaret 'Margy' and Sarah Calogero and John 14 Patrick and Katherine Elizabeth Calogero -- 15 one brother and sister-in-law, Leonard and 16 Louise Calogero, two sisters and a 17 brother-in-law, Phyllis Calogero and Roseanne 18 and Stanley Kroll, his brothers-in-law and 19 sisters-in-law, Lynda and Bill Klein, William 20 and Dorothea Foley, James 'Doc' and Judy 21 Foley, and Timothy and Patty Foley, many 22 nieces, nephews, great-nieces, great-nephews 23 and cousins and a legion of friends and 24 associates who will treasure his memory 25 always; now, therefore, be it

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(518) 371-8910 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to honor the 3 memory of a former colleague, Nicholas J. 4 Calogero, to celebrate his life and 5 accomplishments, and to recognize the 6 significance of his service to his community 7 and the people of the State of New York; and 8 be it further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to the family of Nicholas J. Calogero with the 12 deepest condolences of this Legislative Body." 13 THE PRESIDENT: Senator Meier. 14 SENATOR MEIER: Thank you, Madam 15 President. 16 Madam President, it was my 17 privilege to know Assemblyman Calogero and to 18 meet him when I came here to Albany as counsel 19 to the late State Senator James Donovan, my 20 predecessor. 21 And one of the things about 22 Assemblyman Calogero that you came to know 23 when you got to know him was that he 24 understood that we are called, those of who 25 serve in this body and in the Assembly, to be

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(518) 371-8910 1 citizen legislators, to both represent our 2 communities here and to fulfill our function 3 of being legislators but to also remember what 4 makes the communities that send us here run 5 and to remain a part of that community and to 6 remain in touch with them. 7 Nick Calogero was an accountant, 8 and a good one. And he came to Albany with 9 the notion that some here find peculiar, that 10 the state ought to balance its books and be 11 careful with the people's money. 12 He remained involved in the 13 community as the resolution that you just 14 heard said. He began his career, I'm proud to 15 say, as I did; his first elected office was as 16 a member of the Oneida County Board of 17 Legislators. 18 He was very proud of the 19 legislation that he passed with regard to the 20 visitation rights of grandparents. He was 21 proud of the contributions that he made to the 22 development of the city that he loved, the 23 city of Utica, particularly with regard to 24 restoration and preservation of historic 25 buildings.

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(518) 371-8910 1 And one of the things I remember 2 most about Assemblyman Calogero during the 3 time he served here was also not just his 4 dedication to his community, but to his family 5 as well. And he would many times make the 6 drive home during session days to be at home 7 with his family at night, preferring that 8 company to the chatter of Albany cocktail 9 parties, which shows what a wise man indeed he 10 was. 11 He's touched the lives of many 12 people in our community. He's touched the 13 lives of his family. And many of his family 14 are assembled here in the gallery with us 15 today. 16 And I won't recognize every family 17 member by name, but his children are here with 18 us, among his many family members: Nicholas 19 Jr. and Sharon Calogero; Judith Calogero, who 20 continues her father's tradition of public 21 service as Commissioner of the Division of 22 Housing and Community Renewal; Stephen and 23 Mary Virginia Calogero; John and Beth 24 Calogero; and Jennifer and Todd Alhart. 25 Now, there sits with us here in

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(518) 371-8910 1 this chamber our colleague Senator Bill 2 Larkin, who, when he was in the Assembly, sat 3 next to Assemblyman Calogero. And 4 Assemblyman -- or, I'm sorry, now Senator 5 Larkin has asked that his name be added to the 6 resolution. 7 And let me explain to the family 8 that Senator Larkin is experiencing a little 9 difficulty with his voice, and his physician 10 has asked him to rest his voice today. And so 11 you see, your father continues to provide a 12 public service by stilling the voice of 13 Senator Larkin. 14 (Laughter.) 15 SENATOR MEIER: As I began, he 16 was a citizen legislator. He remembered from 17 where he came and what his job was here. He 18 was in every sense what a legislator should 19 be, and that, in the final analysis, is a 20 great and wonderful legacy that he's left us. 21 Our sympathies to the family. But 22 most of all, we join you in celebrating the 23 contributions and the legacy of this man that 24 you knew as father and family member and that 25 many here knew as colleague.

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(518) 371-8910 1 THE PRESIDENT: Senator Nozzolio. 2 SENATOR NOZZOLIO: Madam 3 President, on the resolution. 4 I rise to join my colleagues, 5 particularly Senator Meier, in the action of 6 mourning the passing of Nick Calogero and 7 honoring Assemblyman Calogero's years of 8 service and dedication to the people of this 9 great state. 10 My experiences with Nick were as a 11 young staffer working in the Assembly, getting 12 to meet those who served in the Assembly. I 13 then, as one in law school at the time, 14 working for the Assembly minority, my 15 impressions, as I was assigned my 16 responsibilities to Nick, here was a man that, 17 as Senator Meier indicated, was indeed a 18 genuine public servant. But I found him to be 19 a genuine gentleman as well. 20 A kind and gentle man was Nick 21 Calogero, one who I learned a great deal from, 22 admired a great deal, and was very, very sad 23 to learn of his passing. 24 His daughters have had a great 25 impact here in Albany. That I was very

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(518) 371-8910 1 pleased to work with both Judy and Jennifer in 2 a number of capacities. I know their dad 3 would be very proud of his daughters. 4 That we are very proud that he 5 served with distinction in this Legislature, 6 and that I certainly was happy to have the 7 honor to know him. We mourn his passing. 8 Thank you, Madam President. 9 THE PRESIDENT: Senator Spano. 10 SENATOR SPANO: Thank you, Madam 11 President. On the resolution. 12 You know, when I was first elected 13 26 years ago, I was a young kid, 25 years old, 14 elected to Assembly. Going to the Assembly, 15 serving in the minority, one of the first 16 people I got to meet was Nick Calogero. 17 And, you know, when you're first 18 elected up here, it's sometimes a -- it's 19 certainly a challenging experience, dealing 20 with people who have been up here for the 21 longest time. And of course we all know it 22 all -- certainly when we're elected, and once 23 we get here, it gets progressively worse. 24 But it was someone like Nick 25 Calogero who made us understand, and

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(518) 371-8910 1 particularly the newer members and younger 2 members, what was really important up here, 3 what mattered most, how to get things done, 4 when to get excited and, more importantly, 5 when not to get excited. 6 And it's with fond memories that I 7 remember Nick Calogero. And every time we do 8 a resolution like this, you step back and 9 think a little bit about ourselves and our own 10 legacy and say, you know, will anybody really 11 remember the time that we all put into a job 12 that we all love. 13 And it's good to know that, yes, 14 certainly the Calogero family will remember, 15 but Nick Calogero is remembered fondly by many 16 members of this Legislature, both present and 17 past, and certainly now in the future, when we 18 think about people who just do a good job for 19 the people they represent and in their own 20 quiet, unassuming way make a mark in state 21 government and in the way that they represent 22 the people back home. 23 My condolences to the family, and 24 my pleasure to remember fondly someone who 25 served this Legislature real well.

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(518) 371-8910 1 Thank you. 2 THE PRESIDENT: Senator Farley. 3 SENATOR FARLEY: Thank you. I 4 rise to pay tribute to Nick Calogero. 5 Let me just say I think one of the 6 most important things that any of us do here 7 is to have a sense of loyalty and decency 8 towards his family. And I think the greatest 9 tribute that can be made to him was his 10 commitment to his family. And it's evidenced 11 by the family that is here today. 12 We don't have very much in life 13 besides that. But certainly Nick Calogero not 14 only was a great public servant and a fine 15 member of the community -- and there were a 16 lot of people that were saddened when he lost 17 his seat, and it certainly was something that 18 kind of shocked quite a few people. And even 19 though that he served with distinction and 20 honor here, his greatest honor is his family 21 that he leaves behind. 22 And my deepest sympathy at his loss 23 to you. And I wish you all well, because you 24 have a great heritage in Nick Calogero. 25 THE PRESIDENT: All in favor of

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(518) 371-8910 1 the resolution please signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The resolution is 6 adopted. 7 And on behalf of the Senate, I want 8 to offer our condolences to the family. 9 Although I did not know the 10 Assemblyman, I've had the honor of working 11 with his daughters, and working particularly 12 closely with Commissioner Calogero, who 13 certainly, we might say, is a chip off the old 14 block. And although I did not know the 15 relationship to her dad until he died, the 16 description of her dad's commitment, 17 intelligence, zeal and accomplishment 18 certainly shows that the next generation is 19 carrying on the family tradition very ably. 20 Our deepest sympathies to the 21 family. It's a tremendous loss to all of us. 22 Senator Meier. 23 SENATOR MEIER: Thank you, Madam 24 President. 25 Madam President, could we open the

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(518) 371-8910 1 resolution to sponsorship by the membership. 2 THE PRESIDENT: Yes. Any member 3 who does not want to be a sponsor on the 4 latter resolution, please notify the desk. 5 Senator Skelos. 6 SENATOR SKELOS: Madam President, 7 there's a Resolution 950 at the desk by 8 Senator Larkin. Could we have it read in its 9 entirety, move for its immediate adoption. 10 And I believe Senator Wright will comment on 11 it. 12 And everybody could cosponsor it. 13 If they wish not to cosponsor it, they should 14 notify the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: By Senators 18 Larkin and Bruno, Legislative Resolution 19 Number 950, commemorating the 20 Selma-to-Montgomery March for voting rights 21 that began on Sunday, March 7, 1965. 22 "WHEREAS, It is the practice of 23 this Legislative Body to commend publicly 24 courageous acts which prompted important 25 changes in state and national history; and

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(518) 371-8910 1 "WHEREAS, Attendant to such 2 concern, and in full accord with its 3 long-standing traditions, it is the sense of 4 this Legislative Body to commemorate the 5 Selma-to-Montgomery March for voting rights 6 that began on Sunday, March 7, 1965; and 7 "WHEREAS, The Selma-to-Montgomery 8 March for voting rights represented the 9 political and emotional peak of the modern 10 civil rights movement; and 11 "WHEREAS, Despite the Civil Rights 12 Act of 1964 and the active attempts of the 13 Student Nonviolent Coordinating Committee to 14 register the African-American voters of 15 Alabama, no significant progress was made. 16 One such place was Selma, Alabama. This small 17 southern town of 29,000 soon became the focal 18 point of the civil rights movement; and 19 "WHEREAS, Of the 15,156 20 African-Americans in Dallas County, Alabama, 21 only 156 were registered to vote. On 22 January 2, 1965, Reverend Martin Luther King 23 visited Selma and gave a fiery speech. In it 24 he stated: 'Today marks the beginning of a 25 determined, organized, mobilized campaign to

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(518) 371-8910 1 get the right to vote everywhere in Alabama'; 2 and 3 "WHEREAS, On 'Bloody Sunday,' 4 March 7, 1965, some 600 civil rights marchers 5 headed east out of Selma on U.S. Route 80. 6 They got only as far as the Edmund Pettus 7 Bridge, six blocks away, where state and local 8 lawmen attacked them with billy clubs and tear 9 gas and drove them back into Selma; and 10 "WHEREAS, Nearly 100 of the 11 marchers were hurt that day in Selma. The 12 next day, civil rights workers and clergy from 13 across the nation rushed to Selma. On March 14 9, 1965, they marched to the Pettus Bridge, 15 where the marchers stopped for prayer, and 16 then, obeying a federal court injunction, 17 returned to Selma; and 18 "WHEREAS, On March 21, 1965, after 19 the court injunction had been lifted and the 20 Alabama National Guard had been federalized to 21 provide protection, the march began again. 22 The march proceeded to Birmingham without 23 significant incident; and 24 "WHEREAS, About 3,200 marchers set 25 out for Montgomery, walking 12 miles a day and

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(518) 371-8910 1 sleeping in fields. By the time they reached 2 the capitol on Thursday, March 25, they were 3 25,000 strong; and 4 "WHEREAS, Less than five months 5 after the last of the three marches, President 6 Lyndon Johnson signed the Voting Rights Act of 7 1965, the best possible redress of grievances; 8 and 9 "WHEREAS, In 1996, the 10 Selma-to-Montgomery National Historic Trail, 11 the highest tribute a road can receive, was 12 created by Congress under the National Trails 13 System Act of 1968. Like other historic 14 trails covered in the legislation, the Alabama 15 trail is an original route of national 16 significance in American history, cannot be 17 replicated, and is a destination unto itself; 18 now, therefore, be it 19 "RESOLVED, That this Legislative 20 Body pause in its deliberations to commemorate 21 the Selma-to-Montgomery March for voting 22 rights that began on Sunday, March 7, 1965." 23 THE PRESIDENT: Senator Wright. 24 SENATOR WRIGHT: Thank you, Madam 25 President.

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(518) 371-8910 1 As my colleague Senator Meier 2 earlier shared, Senator Larkin is finally 3 taking the advice of his physician and sitting 4 quietly. So I have the honor of speaking on 5 his behalf at this point in time. 6 I would like to relate Senator 7 Larkin's comments on this resolution, a 8 resolution which allows all of us to reflect 9 on a very historic time in our nation's 10 history and an event which set the tone for 11 the Voting Rights Act of 1965. 12 If you'll recall in the resolution, 13 it was some 40 years ago to this day that the 14 actual march itself began, the march to 15 completion. 16 On behalf of Senator Larkin, let me 17 share the following observations: As one who 18 was involved in the march as an Army projects 19 officer, he saw this event from start to 20 finish, particularly in the beginning, when 21 Governor Wallace refused to activate the 22 Alabama National Guard and stated that "If 23 this is what the President wants, he will have 24 to federally activate the guard." 25 When this action was taken, it was

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(518) 371-8910 1 further decided that, to ensure the public 2 safety, additional support would be needed 3 from other active Army units, including units 4 from Georgia, North Carolina, Texas, 5 Washington and Alabama. The headquarters for 6 this operation was located at Maxwell Air 7 Force Base, Alabama. 8 It was a challenging project that 9 included the cooperation of numerous Army 10 units and federal agencies to ensure the march 11 was carried out in an orderly and peaceful 12 nature, which was in fact successfully 13 accomplished. It is now an important part of 14 American history, is recognized by all 15 Americans. 16 And we have with us a gentleman who 17 was there, serving on behalf of his nation and 18 representing all of the citizens of the United 19 States, ensuring the safety and protection of 20 the civil rights workers and marchers. 21 On behalf of Senator Larkin, he 22 would like to open the resolution to all of 23 the members of the Senate. 24 Thank you. 25 THE PRESIDENT: All in favor

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(518) 371-8910 1 please signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The resolution is 6 adopted. 7 Any member who does not wish to 8 sponsor the latter resolution, please notify 9 the desk. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 if we could go to the noncontroversial reading 13 of the calendar. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: Calendar Number 17 13, by Senator Seward, Senate Print 122, an 18 act to amend the Penal Law, in relation to 19 staging a motor vehicle accident. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the first of 24 November. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 33, by Senator LaValle, Senate Print 189, an 7 act to amend the Highway Law, in relation to 8 the limitations. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first of January. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 83, by Senator DeFrancisco, Senate Print 2150, 20 an act to amend the Estates, Powers and Trusts 21 Law, in relation to the revocatory effect. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. Nays, 4 2. Senators Leibell and Saland recorded in 5 the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 148, by Senator Farley, Senate Print 2481, an 10 act to amend the Education Law, in relation to 11 authorizing. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of April. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: Senator Farley, 19 to explain your vote. 20 SENATOR FARLEY: To explain my 21 vote. 22 I wish to -- this is a unique piece 23 of legislation which has been sponsored, I 24 think, by every single member of the Senate. 25 And I'm grateful for the support of my

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(518) 371-8910 1 colleagues. 2 This is a bill that has been around 3 for a while that the current governor was a 4 sponsor of it for two years. 5 And this is the year we certainly 6 hope that we can get it through the Assembly. 7 It has been unanimously supported in both 8 houses on a couple of occasions, but for 9 somehow or another does not reach the -- 10 becoming a chapter. 11 But anyway, I do appreciate the 12 support of all my colleagues on this 13 legislation. And you can read the last 14 section, I guess. 15 THE PRESIDENT: You will be 16 recorded as voting in the affirmative on this 17 bill, Senator Farley. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 59. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 151, by Senator Maziarz, Senate Print 701A, an 25 act to amend the Penal Law, in relation to

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(518) 371-8910 1 relation to killing or injuring a police 2 animal. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 58. Nays, 11 1. Senator Montgomery recorded in the 12 negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 160, by Senator Golden, Senate Print 2214, an 17 act to amend the Criminal Procedure Law, in 18 relation to eliminating. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 58. Nays,

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(518) 371-8910 1 1. Senator Montgomery recorded in the 2 negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 165, by Senator Maltese, Senate Print 101, an 7 act to amend the Real Property Tax Law, in 8 relation to an optional school tax exemption. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect of June 1, 2007. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 198, by Senator Little, Senate Print 722, an 20 act to amend the General City Law, the Town 21 Law and the Village Law, in relation to 22 establishing a temporary moratorium. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 5. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 198 are 6 Senators LaValle, Leibell, Marcellino and 7 Spano. 8 Ayes, 55. Nays, 4. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 204, by Senator Saland, Senate Print 465, an 13 act to amend the Penal Law, in relation to 14 custodial interference. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the first of 19 November. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 220, by Senator Morahan, Senate Print 1679, an 2 act to amend the Penal Law, in relation to 3 providing certain criminal penalties. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 4. This 7 act shall take effect on the first of 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 59. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 230, by Senator Robach, Senate Print 2811, an 16 act to amend the Education Law, in relation to 17 the effective date of bills. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 59. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 231, by Senator Robach, Senate Print 2812, an 4 act to amend the Education Law and the 5 Retirement and Social Security Law, in 6 relation to ensuring. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 10. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 232, by Senator Robach, Senate Print 2876, an 18 act to amend the Education Law, in relation to 19 the inclusion of employer contributions. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 233, by Senator Robach, Senate Print 2997, an 6 act to amend the Retirement and Social 7 Security Law, in relation to increasing to 8 10 percent. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 Senator Skelos, that completes the 19 reading of the calendar. 20 SENATOR SKELOS: Madam President, 21 is there any housekeeping at the desk? 22 THE PRESIDENT: No, there isn't, 23 Senator Skelos. 24 SENATOR SKELOS: There being no 25 further business to come before the Senate, I

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(518) 371-8910 1 move we stand adjourned until Tuesday, 2 March 22nd, at 3:00 p.m. 3 THE PRESIDENT: There being no 4 further business, on motion, the Senate stands 5 adjourned until Tuesday, March 22nd, 3:00 p.m. 6 (Whereupon, at 3:42 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910