Monday, February 4, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 4, 2008 11 3:06 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH GRIFFO, 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 GRIFFO: 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 GRIFFO: In the 10 absence of clergy, I would ask that we bow our 11 heads for a moment of silent prayer. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Friday, February 1, the Senate met pursuant to 18 adjournment. The Journal of Thursday, 19 January 31, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT GRIFFO: 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, 9 Mr. President. 10 On behalf of Senator Saland, on 11 page 14 I offer the following amendments to 12 Calendar Number 32, Senate Print 1073, and I 13 ask that that bill retain its place on the 14 Third Reading Calendar. 15 ACTING PRESIDENT GRIFFO: The 16 amendments are received and adopted, and the 17 bill will retain its place on the Third 18 Reading Calendar. 19 Senator Farley. 20 SENATOR FARLEY: Mr. President, I 21 now move that the following bill be discharged 22 from its respective committee and be 23 recommitted with instructions to strike the 24 enacting clause. That's Senator Lanza's bill, 25 Print Number 5941.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: So 2 ordered. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, I 5 believe there's a substitution at the desk, if 6 we could make it at this time. 7 ACTING PRESIDENT GRIFFO: The 8 Secretary will read. 9 THE SECRETARY: On page 19, 10 Senator Marcellino moves to discharge, from 11 the Committee on Environmental Conservation, 12 Assembly Bill Number 9462 and substitute it 13 for the identical Senate Bill Number 6503, 14 Third Reading Calendar 101. 15 ACTING PRESIDENT GRIFFO: 16 Substitution ordered. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 there is a resolution at the desk by Senator 20 Nozzolio, 4170. If we could have it read in 21 its entirety at this time. 22 ACTING PRESIDENT GRIFFO: The 23 Secretary will read. 24 THE SECRETARY: By Senator 25 Nozzolio, Legislative Resolution Number 4170,

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(518) 371-8910 1 congratulating the Red Creek High School Boys 2 Soccer Team and Coach Donald J. Hartley upon 3 the occasion of capturing the 2007 New York 4 State Class C Championship. 5 "WHEREAS, Excellence and success in 6 competitive sports can be achieved only 7 through strenuous practice, team play and team 8 spirit, nurtured by dedicated coaching and 9 strategic planning; and 10 "WHEREAS, Athletic competition 11 enhances the moral and physical development of 12 the young people of this state, preparing them 13 for the future by instilling in them the value 14 of teamwork, encouraging a standard of healthy 15 living, imparting a desire for success, and 16 developing a sense of fair play and 17 competition; and 18 "WHEREAS, The Red Creek High School 19 Boys Soccer Team defeated Marathon High 20 School, 3-1, to capture the 2007 New York 21 State Class C Championship and its second 22 title in three years; and 23 "WHEREAS, The athletic talent 24 displayed by this team is due in great part to 25 the efforts of Head Coach Donald J. Hartley

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(518) 371-8910 1 and Assistant Coach David Gregg, skilled and 2 inspirational tutors, respected for their 3 ability to develop potential into excellence; 4 and 5 "WHEREAS, The team's overall record 6 is outstanding, and the team members were 7 loyally and enthusiastically supported by 8 family, fans, friends and the community at 9 large; and 10 "WHEREAS, The hallmarks of the Red 11 Creek High School Boys Soccer Team, from the 12 opening game of the season to participation in 13 the championship, were a brotherhood of 14 athletic ability, of good sportsmanship, of 15 honor, and of scholarship, demonstrating that 16 these team players are second to none; and 17 "WHEREAS, Head Coach Donald J. 18 Hartley and Assistant Coach David Gregg have 19 done a superb job in guiding, molding and 20 inspiring the team members toward their goals; 21 and 22 "WHEREAS, Sports competition 23 instills the values of teamwork, pride and 24 accomplishment, and Head Coach Donald J. 25 Hartley and the outstanding athletes of the

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(518) 371-8910 1 Red Creek High School Boys Soccer Team have 2 clearly made a contribution to the spirit of 3 excellence which is a tradition of their 4 school; now, therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to 7 congratulate the Red Creek High School Boys 8 Soccer Team, its members -- Colton Gregg, 9 Nathaniel Gregg, Devin Reese, Juan Torres, 10 Ryan Fisher, Alex Keeling, Jordan Lang, 11 Anthony Roden, Eric Stevens, Reis Cunningham, 12 Steve Deferio, Drew Knox, Anthony Losurdo, 13 Ryan Pudlowski, Keyan Cutt, Cody Sherman, Ryon 14 Adam, Ryan Gould, Matt Treby, Eli Vitale and 15 Dan Burnett -- Assistant Coach David Gregg, 16 and Head Coach Donald J. Hartley on their 17 outstanding season and overall team record; 18 and be it further 19 "RESOLVED, That copies of this 20 resolution, suitably engrossed, be transmitted 21 to the Red Creek High School Boys Soccer Team, 22 Assistant Coach David Gregg, and Head Coach 23 Donald J. Hartley." 24 ACTING PRESIDENT GRIFFO: Senator 25 Nozzolio.

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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President, 2 thank you. On the resolution. 3 Mr. President and my colleagues, as 4 today we are in the euphoria of New York 5 State's Super Bowl championship -- with a 6 coach from the center part of the Finger Lakes 7 region, Coach Coughlin, Tom Coughlin, who's 8 from the community of Waterloo, New York -- 9 and we're all celebrating that wonderful Super 10 Bowl victory, it's appropriate that we look at 11 our own state champions and the Red Creek Boys 12 Soccer champions, as they are the 2007 Class C 13 champions, are being recognized for their 14 outstanding success. 15 They're seated in the gallery, the 16 team, along with David Sholes, who is 17 superintendent of Red Creek High School; Noel 18 Patterson, the high school principal; Matt 19 VanOrman, the athletic director; school board 20 members Jeanette Treby and Larry Curtis; and 21 team manager Brian March. 22 This team has been an outstanding 23 group of young men. But I'd be remiss if I 24 hadn't singled out the tremendous 25 accomplishments of their coach, Don Hartley.

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(518) 371-8910 1 Don has mentored now three 2 generations of players, outstanding 3 contributors to the region. And Coach 4 Hartley, as the mentor of literally thousands 5 of players, hundreds of All Stars, mentoring 6 countless numbers of players into the 7 collegiate ranks, championships are something 8 that he doesn't take casually. 9 But the fact of the matter is there 10 have been so many -- the fifth state 11 championship for the Red Creek Boys Soccer 12 Team, the second state championship in the 13 last three years. That he has won countless 14 Section V titles. 15 That most importantly, though, 16 Coach Hartley is a teacher and a mentor of 17 young men. He molds young boys into manhood, 18 and that that is something that we as a state 19 owe this fine coach and fine mentor, fine 20 teacher, a very, very deep debt of gratitude. 21 For that I wish to also thank Coach 22 David Gregg, his assistant, in their tutoring 23 these fine young athletes. 24 I should also add that the 25 championship game, played in Senator Seward's

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(518) 371-8910 1 district, at the Oneonta National Soccer Hall 2 of Fame, that great resource that we have in 3 recognizing the wonderful sport of soccer, 4 that the Red Creek team in the championship 5 game beat a high school from Senator Seward's 6 district, Marathon, 3 to 1. 7 Ironically, Senator Seward's sister 8 lives in the Red Creek School District and has 9 actually served on the school board there. 10 So, Senator Seward, I appreciate 11 the opportunity to rub this in to you as both 12 a colleague, a friend -- and particularly, 13 having your sister on our side makes it all 14 the more pleasurable. 15 That I appreciate the opportunity 16 and my colleagues' attention on this issue. 17 We need to recognize the excellence of young 18 people and also those who contribute to the 19 fabric of life of the communities in our great 20 state. 21 The Red Creek Boys Soccer Team and 22 their program, under Coach Hartley, is 23 legendary, and for that I congratulate them. 24 And I congratulate them and thank them for 25 their wonderful contributions to the State of

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(518) 371-8910 1 New York. 2 Thank you, Mr. President. 3 ACTING PRESIDENT GRIFFO: Thank 4 you, Senator Nozzolio. 5 Senator Seward. 6 SENATOR SEWARD: Thank you, 7 Mr. President. 8 I rise not to ask for equal time, 9 Senator Nozzolio, but I rise to, in the 10 interests of good sportsmanship, to also 11 congratulate the Red Creek Boys Soccer Team on 12 their outstanding achievement of being 13 New York State champions once again this year. 14 I'm very proud in my district to be 15 the home of the National Soccer Hall of Fame 16 in Oneonta, where we have seen the Boys State 17 Championship games played in recent years. 18 It's a wonderful facility, and I hope you all 19 enjoyed your visit to Oneonta. We appreciate 20 the local business there while you were in 21 town. 22 And also, as the Senator 23 representing Marathon Central School, I on 24 their behalf, and in the interests of good 25 sportsmanship, also offer my congratulations.

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(518) 371-8910 1 It is true, as Senator Nozzolio 2 pointed out, my sister Marjorie Hill lives on 3 Younglove Road in the Red Creek School 4 District. In fact, all four of her 5 children -- Ricky and Randy Hill went through 6 the boys soccer program at Red Creek, and her 7 two daughters, Becky and Jennifer Hill, also 8 did through the ladies teams, and they also 9 were very good soccer players. 10 So I rise delighted to offer my 11 congratulations. And on behalf of the 12 National Soccer Hall of Fame and the Marathon 13 Central School, congratulations on your 14 accomplishment, a job well done. 15 ACTING PRESIDENT GRIFFO: Thank 16 you, Senator Seward. 17 And on this great day to celebrate 18 New York sports, as we savor the exceptional 19 victory of the New York Giants being crowned 20 Super Bowl champions, we extend our 21 congratulations and well wishes to the young 22 athletes at Red Creek as well as the coaching 23 staff and the administration. 24 Congratulations, and best wishes. 25 The question is on the resolution.

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(518) 371-8910 1 All in favor signify by saying aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT GRIFFO: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT GRIFFO: The 7 resolution is adopted. 8 (Applause.) 9 ACTING PRESIDENT GRIFFO: Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could go to the noncontroversial reading 13 of the calendar. 14 ACTING PRESIDENT GRIFFO: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 38, by Senator DeFrancisco, Senate Print 2420, 18 an act to amend the Penal Law, in relation to 19 the amount of restitution. 20 ACTING PRESIDENT GRIFFO: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 45, by the Senate Committee on Rules, Senate 8 Print 6418A, an act to amend the Public Health 9 Law, in relation to state identification. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 51. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 74, by Senator Morahan, Senate Print 6703, an 22 act to amend the Retirement and Social 23 Security Law, in relation to certain medical 24 presumptions. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 ACTING PRESIDENT GRIFFO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 75, by Senator Golden, Senate Print 6717, an 12 act to amend the Civil Service Law, in 13 relation to negotiability. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 ACTING PRESIDENT GRIFFO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 53. 22 ACTING PRESIDENT GRIFFO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 89, by Senator Flanagan, Senate Print 841A, an

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(518) 371-8910 1 act to amend the Mental Hygiene Law, in 2 relation to disclosure. 3 ACTING PRESIDENT GRIFFO: Read 4 the last section. 5 THE SECRETARY: Section 8. This 6 act shall take effect on the 180th day. 7 ACTING PRESIDENT GRIFFO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 52. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT GRIFFO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 97, by Senator Marcellino, Senate Print 1559, 16 an act to amend the Environmental Conservation 17 Law, in relation to management of wildlife 18 resources. 19 ACTING PRESIDENT GRIFFO: Read 20 the last section. 21 THE SECRETARY: Section 6. This 22 act shall take effect on the first of January 23 next succeeding. 24 ACTING PRESIDENT GRIFFO: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 52. Nays, 3 1. Senator Serrano recorded in the negative. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 98, by Senator Farley, Senate Print 2743, an 8 act to amend the Environmental Conservation 9 Law, in relation to making technical 10 corrections. 11 ACTING PRESIDENT GRIFFO: Read 12 the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 54. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 100, by Senator Maziarz, Senate Print 4324B, 23 an act to amend the Environmental Conservation 24 Law, in relation to enacting. 25 ACTING PRESIDENT GRIFFO: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT GRIFFO: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT GRIFFO: Senator 8 Maziarz, to explain his vote. 9 SENATOR MAZIARZ: Thank you, 10 Mr. President. To explain my vote. I will be 11 voting in the affirmative. 12 This is another step in the very 13 long journey for the Great Lakes Compact, 14 which I and many of my colleagues have 15 championed in this body. I believe this is at 16 least the second or third time that we are 17 passing this. 18 Hopefully, this time the Assembly 19 will get it right and pass the version that is 20 accepted by eight states and two Canadian 21 provinces, so that this compact, this most 22 important compact, can get on to the federal 23 government and have to ratified by the House 24 of Representatives and the United States 25 Senate.

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(518) 371-8910 1 This compact provides for such 2 important issues as invasive species in the 3 Great Lakes. Probably one of the most 4 important ones is water diversion. My Senate 5 district has Lake Erie, Lake Ontario very 6 close by. And this compact is long overdue. 7 It's been enacted in two states, Illinois and 8 I believe Minnesota was the other one -- 9 Minnesota and Illinois. New York will be the 10 third state of eight to ratify this, and then 11 the two Canadian provinces, and send it on to 12 the federal government. 13 This is a very, very, very 14 important step that we are taking today, once 15 again, for the protection of our Great lakes. 16 Thank you, Mr. President. I'll be voting in 17 the affirmative. 18 ACTING PRESIDENT GRIFFO: Senator 19 Maziarz to be recorded in the affirmative. 20 Senator Thompson. 21 SENATOR THOMPSON: Yes, 22 Mr. President, I just wanted to say 23 congratulations to my colleague from Niagara 24 County. 25 Also, as he did state, this is a

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(518) 371-8910 1 very important piece of legislation. And I 2 just wanted to say just a couple of things on 3 the record. 4 The first is that this is some 5 comments from a memorandum of support from the 6 Nature Conservancy. And this is something 7 that really impacts many people upstate. 8 And it says that the Great Lakes, 9 particularly our part, they hold one-fifth of 10 the world's supply of freshwater, which 11 amounts to 95 percent of the surface 12 freshwater in the nation. And that's 13 extremely, extremely important. 14 New York's Great Lakes, Ontario and 15 Erie, are the most downstream in the basin 16 system. Pollution, diversion and withdrawal 17 of water into other lakes therefore create 18 impacts on New York's Great Lakes basin, a 19 region that includes all of Western New York, 20 the Finger Lakes, the St. Lawrence River 21 Valley, and a third of the Adirondack Park. 22 And future generations will be impacted by 23 this. 24 One of the things that I was 25 talking with some folks about last week, some

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(518) 371-8910 1 environmental advocates that came by, it's 2 just last year there was discussion about the 3 water shortage in Atlanta. And people -- who 4 would have ever thought that a place like 5 Atlanta would actually have a water shortage. 6 But believe it or not, it is 7 projected and it's speculated that in years to 8 come there will be a fierce debate about 9 access to fresh water in many parts of the 10 country. And this is something that I think 11 that we need to be mindful of and hopefully 12 this legislation will help with that issue in 13 the years to come. 14 But future generations will be 15 impacted. And last year, it was in Atlanta 16 and it will be in other places across the 17 country as water levels decrease and as people 18 struggle to have access to clean and fresh 19 supplies of water. 20 Thank you. 21 ACTING PRESIDENT GRIFFO: Senator 22 Thompson, how do you vote? 23 SENATOR THOMPSON: I vote in 24 strong support of this good piece of 25 legislation by the giant from Niagara County,

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(518) 371-8910 1 Senator Maziarz. 2 ACTING PRESIDENT GRIFFO: Senator 3 Thompson to be recorded in the affirmative. 4 The Secretary will announce the 5 results. 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 101, substituted earlier today by Member of 11 the Assembly Sweeney, Assembly Print Number 12 9462, an act to amend the Environmental 13 Conservation Law. 14 ACTING PRESIDENT GRIFFO: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect on the same date and in 18 the same manner as Chapter 674 of the Laws of 19 2007. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 57. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 114, by Senator Maltese, Senate Print 6404, an 3 act to amend the Transportation Law, in 4 relation to membership. 5 ACTING PRESIDENT GRIFFO: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date and in 9 the same manner as Chapter 209 of the Laws of 10 2007. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 57. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 115, by Senator Maziarz, Senate Print 254A, an 19 act to amend the Retirement and Social 20 Security Law, in relation to providing. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 57. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 118, by Senator Robach, Senate Print 1595, an 8 act to amend the Civil Service Law, in 9 relation to reports. 10 ACTING PRESIDENT GRIFFO: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT GRIFFO: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT GRIFFO: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 119, by Senator Robach, Senate Print 2983, an 22 act to amend the Retirement and Social 23 Security Law, in relation to providing. 24 ACTING PRESIDENT GRIFFO: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT GRIFFO: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT GRIFFO: The 8 bill is passed. 9 Senator Skelos, that completes the 10 noncontroversial reading of the calendar. 11 SENATOR SKELOS: Thank you, 12 Mr. President. 13 I guess everybody is sort of happy 14 today because of the Giants' great victory. 15 So is there any further business to come 16 before the Senate? 17 ACTING PRESIDENT GRIFFO: There 18 is no further business to come before the 19 desk. 20 SENATOR SKELOS: Then, Mr. 21 President, I move that the Senate stand 22 adjourned until Tuesday, February 5th, at 23 3:00 p.m. 24 ACTING PRESIDENT GRIFFO: On 25 motion, the Senate stands adjourned until

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(518) 371-8910 1 Tuesday, February 5th, at 3:00 p.m. 2 (Whereupon, at 3:26 p.m., the 3 Senate adjourned.) 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