Wednesday, May 2, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 2, 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 please 5 rise and repeat with me the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MARCELLINO: In 10 the absence of clergy, may we bow our heads 11 for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MARCELLINO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 1, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 30, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT MARCELLINO: 22 Without objection, the Journal stands approved 23 as 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, 9 Mr. President. 10 Mr. President, I wish to call up 11 Senator LaValle's bill, Print Number 4524, 12 which was recalled from the Assembly and it's 13 now at your desk. 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 687, by Senator LaValle, Senate Print 4524, an 18 act to amend the Education Law. 19 SENATOR FARLEY: Mr. President, I 20 now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll on reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 37.

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(518) 371-8910 1 SENATOR FARLEY: Mr. President, I 2 now move to recommit the bill to the Committee 3 on Rules. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is recommitted to the Committee on Rules. 6 SENATOR FARLEY: Thank you. 7 ACTING PRESIDENT MARCELLINO: 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 there's a Resolution 1826, by Senator 11 Hassell-Thompson. If we could have it read in 12 its entirety and move for its immediate 13 adoption. 14 ACTING PRESIDENT MARCELLINO: The 15 Secretary will read, please. 16 THE SECRETARY: By Senator 17 Hassell-Thompson, Legislative Resolution 18 Number 1826, congratulating the Mount Vernon 19 High School Boys Basketball Team and Coach Bob 20 Cimmino upon the occasion of capturing its 21 second consecutive New York State Public High 22 School Athletic Association Class AA 23 Championship. 24 "WHEREAS, Excellence and success in 25 competitive sports can be achieved only

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(518) 371-8910 1 through strenuous practice, team play and team 2 spirit, nurtured by dedicated coaching and 3 strategic planning; and 4 "WHEREAS, Athletic competition 5 enhances the moral and physical development of 6 the young people of this state, preparing them 7 for the future by instilling in them the value 8 of teamwork, encouraging a standard of healthy 9 living, imparting a desire for success, and 10 developing a sense of fair play and 11 competition; and 12 "WHEREAS, The Mount Vernon High 13 School Boys Basketball Team are the New York 14 State Class AA Champions; and 15 "WHEREAS, The Mount Vernon Knights 16 defeated the Bishop Maginn Griffins by a score 17 of 68 to 65, for their second consecutive 18 New York State Public High School Athletic 19 Association Class AA state title on Sunday, 20 March 18, 2007, at the Glens Falls Civic 21 Center; and 22 "WHEREAS, The athletic talent 23 displayed by this team is due in great part to 24 the efforts of Coach Bob Cimmino and his 25 dedicated staff, skilled and inspirational

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(518) 371-8910 1 tutors respected for their ability to develop 2 potential into excellence; and 3 "WHEREAS, The team's overall record 4 of 24 and 5 is outstanding, and the team 5 members were loyally and enthusiastically 6 supported by family, fans, friends and the 7 community at large; and 8 "WHEREAS, The hallmarks of the 9 Mount Vernon High School Boys Basketball Team, 10 from the opening game of the season to 11 participation in the championship, were a 12 brotherhood of athletic ability, of good 13 sportsmanship, of honor and of scholarship, 14 demonstrating that these team players are 15 second to none; and 16 "WHEREAS, Athletically and 17 academically, the team members have proven 18 themselves to be an unbeatable combination of 19 talents, reflecting favorably on their school; 20 and 21 "WHEREAS, Coach Bob Cimmino has 22 done a superb job in guiding, molding and 23 inspiring the team members toward their goals; 24 and 25 "WHEREAS, Sports competition

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(518) 371-8910 1 instills the values of teamwork, pride and 2 accomplishment, and Coach Bob Cimmino and 3 these outstanding athletes have clearly made a 4 contribution to the spirit of excellence which 5 is a tradition of their school; now, 6 therefore, be it 7 "RESOLVED, That this Legislative 8 Body pause in its deliberations to 9 congratulate the Mount Vernon High School Boys 10 Basketball Team, its members -- Marcquis 11 Abney, Ketema Brooks, Odayne Clarke, Michael 12 Coburn, Woody Eliezer, Jabarie Hinds, Jahrine 13 Jones, Kevin Jones, Jordan Lessane, Tyrone 14 Mitchell, Kortney Parker, Naseer Robinson, 15 Malik Taylor, Sherrod Wright, and Shawn 16 Cowans -- and Coaches Bob Cimmino, Brian 17 Pritchett, Garee Bryant, Paul Roland, Peter 18 Monteplier, Tony Pavlacka, Dwayne Murray, 19 Rasaun Young, Rich Suozzo, Pat Theodule, 20 Anthony Pisacreta, Yaacov Williams, Bryan 21 Browne, and Larry Barnes -- on their 22 outstanding season and overall team record; 23 and be it further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted

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(518) 371-8910 1 to the Mount Vernon High School Boys 2 Basketball Team and to Coach Bob Cimmino." 3 ACTING PRESIDENT MARCELLINO: On 4 the resolution, Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. 7 I rise to congratulate the 8 basketball team of Mount Vernon High School, 9 and to the Mount Vernon community, for their 10 successful achievement in winning the state 11 championship. 12 This is not the first time that I 13 have stood here with tremendous pride to 14 congratulate the Knights and Coach Bob Cimmino 15 and all of the supporting coaches and parents 16 and volunteers who go with our young men as 17 they play the games and to instill in them the 18 awareness of what a tremendous community they 19 represent, as well as themselves. 20 You are so powerfully pleasing to 21 me today. Very few things bring me to tears, 22 but this occasion does, as we have this week 23 mourned the deaths of three of our very young 24 men at the hands of violence this week. This 25 helps me to balance the job that I have as

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(518) 371-8910 1 your State Senator and representative, in 2 knowing that there is a sunshine behind every 3 great cloud. 4 Thank you for being here with us 5 this morning. And I want to congratulate you 6 on not only your ability on the court, but 7 your academics in the classroom and showing us 8 that it's not brains versus brawn, but 9 together they make a powerful combination. 10 Thank you. 11 ACTING PRESIDENT MARCELLINO: 12 Senator Adams, on the resolution. 13 SENATOR ADAMS: Thank you, 14 Mr. President. 15 I want to rise also to 16 congratulate. And I know the spirit of my 17 colleague, Senator Ruth Hassell-Thompson, and 18 how important young people are. 19 During my college and high school 20 days, I couldn't win a championship, because I 21 rode the bench all the time. I wasn't a good 22 player. 23 But as I thought, there was one 24 person on my team, as I shared with my 25 colleagues yesterday, that no matter how

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(518) 371-8910 1 difficult the game was, he wanted the ball in 2 his hand, because he was a winner. He wanted 3 to take the last shot. He wanted to be the 4 person who the entire team depended on before 5 the end of the game. 6 And I want to share something with 7 you young men, that right now the game is on 8 the line. Gun violence is pervasive in the 9 community you call home. Who wants the ball? 10 AIDS is suffocating the life of your 11 community, your peers. Who wants the ball? 12 Right now, education, your peers across this 13 state can't read or write. Who's going to be 14 the teacher to hold the ball? Who's going to 15 be the cop to patrol your community? 16 There are men that you know that 17 look like you, that find life to be comical 18 and funny. Class clowns of yesterday are 19 holding squeegees in their hand, washing 20 windows for a quarter. 21 Now it's time to be serious. You 22 won the championship at Mount Vernon; now I 23 want you to win the championship in life. On 24 the real court, the full court press is on 25 you. I want you to say: I want the ball, I

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(518) 371-8910 1 want to be the one to score the last point, I 2 want to be the one to score the last basket, 3 to make sure my peers are able to do what I 4 do -- not only to put a ball in the hoop, but 5 to also put a person as a CEO in a top 6 corporation in the state of New York. 7 If you can play ball in Mount 8 Vernon, you can be a doctor in Bed-Stuy. You 9 can also be a pediatrician in Belgium. You 10 can be an accountant in Troy, New York. You 11 can be the same thing on the global 12 proportion. 13 Take the ball. Don't let anyone 14 prevent you to the geographical boundaries of 15 their mentality that believe you can only be 16 great on the court. You can be great in 17 whatever you want to do. Say to yourself 18 today, in this Senate chamber: Give me the 19 ball, I want to take the last shot. 20 Congratulations to you. 21 ACTING PRESIDENT MARCELLINO: 22 That was well said, Senator. 23 Senator Stewart-Cousins. 24 SENATOR STEWART-COUSINS: Well, I 25 rise -- and, you know, certainly following

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(518) 371-8910 1 what Senator Adams and Senator 2 Hassell-Thompson had to say, there's very 3 little that I can add. But as a Senator 4 representing Westchester, I did want to say 5 how proud I am of you. 6 I represent Yonkers and Greenburg 7 and Mount Pleasant. But before I had the 8 honor to come to these chambers, I served with 9 Legislator Young in the county legislature. 10 And year after year, your team would come and 11 we would have jokes about how wonderful you 12 were and how, above everyone else in 13 Westchester County, you prevailed. 14 So I am pleased to have left the 15 county legislature to come here to find that 16 you are here, still on top, still state 17 statewide champions, still bringing honor to 18 Westchester County, still showing us that the 19 beyond everything, you will do what you have 20 to do to win. 21 I think Senator Adams said it 22 beautifully. You have to; you are already 23 winners. You already have proven it takes 24 discipline, it takes skill, it takes mental 25 acuity, it takes everything that you need to

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(518) 371-8910 1 win in life to win the way you do every single 2 year. 3 There is nothing that can be in 4 your way. There is nothing that will stop you 5 except what's here. Be unstoppable. Keep 6 that ball, keep making us proud. Follow us on 7 every level of government. Because you are 8 beyond local champions, you are heroes. 9 Thank you very much. 10 ACTING PRESIDENT MARCELLINO: On 11 the resolution, Senator Little. 12 SENATOR LITTLE: Thank you, 13 Mr. President. 14 Senator Hassell-Thompson, I would 15 like to join you in congratulating the Mount 16 Vernon Basketball Team for winning the 17 championship New York State basketball title, 18 and they won it in Glens Falls, New York. And 19 I had the opportunity to watch them play, so I 20 certainly know that their skill and their 21 dedication is second to none, and certainly 22 they were very deserving of this title. 23 I'm also, coincidentally, joined 24 today by St. Mary's-St. Alphonsus Regional 25 Catholic School, which is two blocks from the

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(518) 371-8910 1 Civic Center. And these are youngsters in 2 fourth grade who have been able to watch the 3 players come to Glens Falls from around the 4 state and have celebrated their wonderful 5 athletic skills and been able to see them, to 6 cheer for them, and to host them in Glens 7 Falls since the 1980s. 8 And it's a special day for me to 9 have them here in the gallery, because not 10 only am I a graduate of St. Mary's Academy, 11 the high school -- even though that has closed 12 and only goes to eighth grade -- but I have 13 this fourth-grade class here, and included in 14 that fourth grade is my oldest granddaughter, 15 Jacqueline Hogan, and they are accompanied by 16 their teachers, Mrs. Edie and Mrs. Hiscox, and 17 several parents, including my daughter 18 Elizabeth Hogan. 19 So I am proud to have three 20 generations of Littles here in the chamber 21 today, and welcome this class. And they are 22 very family with these basketball players, who 23 come to Glens Falls every year and are truly 24 congratulated and celebrated as being 25 champions in their community and in the state.

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(518) 371-8910 1 And what a wonderful example the basketball 2 players and their dedication are to these 3 youngsters who get to see them when they come 4 to town. 5 So congratulations, and thank you 6 for coming down, learning more about New York 7 State history. And congratulations to the 8 Mount Vernon High School Basketball Team. 9 Thank you. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Diaz, on the resolution. 12 SENATOR DIAZ: Thank you, 13 Mr. President. 14 I rise to congratulate also not 15 only the young men of Mount Vernon for their 16 achievement, but also my colleagues Senator 17 Stewart-Cousins and Senator Hassell-Thompson. 18 Because, you know, in life we 19 sometimes don't appreciate or sometimes we 20 don't even know the blessings that God gave 21 us. And we take it for granted, we take for 22 granted things in life. Many times we don't 23 stop to analyze, to think and to appreciate 24 the things that God has given us. 25 That small group of young persons

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(518) 371-8910 1 over there, today in this Senate, they are 2 making the people, the residents of Mount 3 Vernon proud. They bringing pride, they're 4 bringing honor to Mount Vernon, just that 5 small group of people. 6 And they are also making Senator 7 Hassell-Thompson, even she says, crying. 8 They're making Senator Stewart-Cousins proud. 9 And we in this Senate chamber, we 10 are praising you guys. We are telling you 11 thank you. But we have to realize, even us 12 here, that sometimes we don't even know what 13 God is giving us. Sometimes we don't even 14 deserve it. There are so many people out 15 there, there are so many people, there are so 16 many other people better than us. Better than 17 us, more intelligent than us, more capable 18 than us. But God has chosen us. God has 19 chosen you. 20 And that's something that we have 21 to be aware of, that today that group of 22 residents of Mount Vernon, New York, are here 23 on this Senate floor making Mount Vernon 24 proud. You know how many other residents of 25 Mount Vernon would like to have that

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(518) 371-8910 1 opportunity that God has given you today? 2 You, you have been chosen. You 3 were chosen by God, you were chosen to be in 4 that team, you were chosen to make us proud. 5 You were chosen among many others. The same 6 way we have been chosen among many others. 7 So congratulations, God bless you. 8 God bless you, God be with you, continue 9 making us proud. 10 And Senators, those colleagues of 11 mine that represent White Plains, New York, I 12 am proud to represent, because I have been 13 honored to represent and to be sent here by 14 the honorable residents of the 32nd Senatorial 15 District in the Bronx. There are so many 16 people better than me, there are so many other 17 people that could do this better than I do. 18 But those people, those residents of the 19 32nd Senatorial District sent me here, and I'm 20 proud to serve them. 21 And I know that today Senator 22 Hassell-Thompson, your chest, your chest is so 23 big, so wide, because you're looking at those 24 young guys over there. Congratulations, 25 Senator Hassell-Thompson. Enjoy, rejoice.

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(518) 371-8910 1 This is the day that the Lord has made. 2 God bless you. Thank you. 3 ACTING PRESIDENT MARCELLINO: The 4 question is on the resolution. All in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MARCELLINO: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MARCELLINO: The 11 ayes have it. The resolution is adopted. 12 Can we have a round of applause for 13 these fine young men. 14 (Standing ovation.) 15 ACTING PRESIDENT MARCELLINO: 16 Senator Hassell-Thompson. 17 SENATOR HASSELL-THOMPSON: Mr. 18 President, I would like to open up this 19 resolution to all members who would be willing 20 to sign on to it. And I thank you for your 21 support. 22 SENATOR SKELOS: Mr. President, 23 if anyone wishes not to sponsor the 24 resolution, they should notify the desk. 25 Mr. President, there's a Resolution

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(518) 371-8910 1 1874 at the desk by Senator Winner. If we 2 could have the title read and move for its 3 immediate adoption. 4 And Senator Winner, I believe, 5 wishes to open it up for cosponsorship. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read the title of the 8 resolution by Senator Winner. 9 THE SECRETARY: By Senator 10 Winner, Legislative Resolution Number 1874, 11 memorializing Governor Eliot Spitzer to 12 proclaim May 18, 2007, as NASCAR Day in the 13 State of New York. 14 ACTING PRESIDENT MARCELLINO: On 15 the resolution, Senator Winner. 16 SENATOR WINNER: Thank you, 17 Mr. President. 18 I'm proud to be here to have the 19 opportunity to wave the green flag, so to 20 speak, to start New York's celebration of 21 NASCAR Day for 2007. 22 In my district in the Southern Tier 23 and the Finger Lakes, we are home to the 24 Watkins Glen International, the soul of 25 American road racing, which over the course of

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(518) 371-8910 1 more than five decades has become a national 2 institution, the premier road racing facility 3 in the United States. 4 Watkins Glen is a great source of 5 pride to our region and an economic mainstay 6 and landmark that annually attracts visitors 7 from all around the world in the thousands and 8 thousands. Over the last two decades, 9 thousands of NASCAR fans have visited Watkins 10 Glen each and every August, and we've been 11 proud to welcome the NASCAR community to 12 Watkins Glen, and we know that their 13 enthusiasm, loyalty and spirit is unmatched. 14 It is in recognizing the NASCAR 15 spirit that today's resolution seeks to have 16 New York join many other states in proclaiming 17 Friday, May 18, 2007, as NASCAR Day, which is 18 the signature charitable event of the NASCAR 19 Foundation in supporting a wide range of 20 worthy charitable initiatives. It is an 21 opportunity for us to draw attention to the 22 fact that NASCAR fans all across New York 23 contribute to this worthy cause, and a worthy 24 opportunity for all of them to express their 25 sense of community.

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(518) 371-8910 1 Thank you for supporting this 2 resolution. 3 Thank you, Mr. President. 4 ACTING PRESIDENT MARCELLINO: 5 Thank you, Senator. The question is on the 6 resolution. All in favor signify by saying 7 aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT MARCELLINO: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT MARCELLINO: The 13 resolution is adopted. 14 And as has been stated by the 15 acting chair, the resolution has been opened 16 for all who would like to cosponsor. If you 17 would not like to, please notify the chair. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could go to the noncontroversial reading 21 of the calendar at this time. 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 1 167, by Senator Maziarz, Senate Print 258, an 2 act to amend the State Administrative 3 Procedure Act, in relation to establishing. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 90th day. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 52. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 306, by Senator Seward, Senate Print 804, an 16 act to amend Chapter 650 of the Laws of 1998 17 amending the Insurance Law. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 308, by Senator Seward, Senate Print 2071, an 5 act to amend the Insurance Law, in relation to 6 annuity contracts. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 6. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 52. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 415, by Senator Farley, Senate Print 918, an 19 act to amend the Election Law and the State 20 Finance Law, in relation to requiring 21 proposition authorizing. 22 ACTING PRESIDENT MARCELLINO: 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 52. 5 ACTING PRESIDENT MARCELLINO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 426, by Senator Larkin, Senate Print 3435, an 9 act to amend the provide for the creation of 10 the Pine Bush Area Public Library. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 8. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 53. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 470, by Senator Marcellino, Senate Print 633, 23 an act to amend the Vehicle and Traffic Law, 24 in relation to aggravated unlicensed 25 operation.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT MARCELLINO: 7 Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 53. 10 ACTING PRESIDENT MARCELLINO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 492, by Senator Skelos, Senate Print 2462A, an 14 act to amend the Uniform Commercial Code, in 15 relation to obligation. 16 ACTING PRESIDENT MARCELLINO: 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 52. Nays, 24 2. Senators Duane and Savino recorded in the 25 negative.

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 543, by Senator Trunzo, Senate Print 1321, an 5 act to amend the Public Officers Law and the 6 Education Law, in relation to removal. 7 ACTING PRESIDENT MARCELLINO: 8 Read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MARCELLINO: 12 Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 54. 15 ACTING PRESIDENT MARCELLINO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 545, by Senator Volker, Senate Print 1873, an 19 act to amend the Tax Law, in relation to 20 extending. 21 ACTING PRESIDENT MARCELLINO: 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MARCELLINO:

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 54. 4 ACTING PRESIDENT MARCELLINO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 550, by Senator LaValle, Senate Print 3821, an 8 act to amend the Alcoholic Beverage Control 9 Law, in relation to service of alcoholic 10 beverages. 11 ACTING PRESIDENT MARCELLINO: 12 Read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MARCELLINO: 16 Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 54. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 619, by Senator DeFrancisco, Senate Print 23 911A, an act to amend the Executive Law, in 24 relation to establishing "School-Related 25 Professionals Recognition Day."

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(518) 371-8910 1 ACTING PRESIDENT MARCELLINO: 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT MARCELLINO: 6 Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 54. 9 ACTING PRESIDENT MARCELLINO: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 649, by Senator Volker, Senate Print 4035, an 13 act to amend the Penal Law, in relation to 14 trespassing in a motor vehicle. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of 19 November. 20 ACTING PRESIDENT MARCELLINO: 21 Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 649 are 25 Senators Duane, Hassell-Thompson and

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(518) 371-8910 1 Montgomery. 2 Ayes, 52. Nays, 3. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 667, by Senator Little, Senate Print 1101, an 7 act to legalize, validate, ratify and confirm 8 certain actions taken by the board of 9 education. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT MARCELLINO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 668, by Senator Trunzo, Senate Print 1307, an 22 act in relation to directing the Education 23 Department. 24 ACTING PRESIDENT MARCELLINO: If 25 we can have a little order, please.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MARCELLINO: 5 Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 Senator Skelos, that completes the 11 noncontroversial calendar. In fact, that 12 completes the calendar. 13 SENATOR SKELOS: Mr. President, 14 if we could return to motions, I believe 15 either Senator Fuschillo or Senator Farley or 16 Senator Robach has a motion to make at this 17 time. 18 Senator Robach. 19 ACTING PRESIDENT MARCELLINO: 20 Motions and resolutions. 21 Senator Robach. 22 SENATOR ROBACH: Yes, 23 Mr. President. On page 26 I offer the 24 following amendments to Calendar Number 413, 25 Senate Print Number 3748, and ask that the

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(518) 371-8910 1 said bill retain its place on Third Reading 2 Calendar. 3 ACTING PRESIDENT MARCELLINO: So 4 ordered. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 in consultation with the Minority Leader, 8 Senator Bruno hands up the following committee 9 change and asks that it be filed in the 10 Journal. 11 ACTING PRESIDENT MARCELLINO: The 12 changes are accepted. 13 SENATOR SKELOS: Is there any 14 further business? 15 ACTING PRESIDENT MARCELLINO: 16 There is none, Senator. 17 SENATOR SKELOS: There being 18 none, I move we stand adjourned until Monday, 19 May 7th, at 3:00 p.m., intervening days being 20 legislative days. 21 ACTING PRESIDENT MARCELLINO: 22 There being no further business, the Senate 23 stands adjourned until Monday, May 7th, at 24 3:00 p.m., intervening days to be legislative 25 days.

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(518) 371-8910 1 (Whereupon, at 11:32 a.m., the 2 Senate adjourned.) 3 4 5 6 7 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