Thursday, March 4, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 4, 2010 11 11:23 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT VALESKY: In the 10 absence of clergy, may we bow our heads in a 11 moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT VALESKY: The 15 reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Wednesday, March 3, the Senate met pursuant to 19 adjournment. The Journal of Tuesday, March 2, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT VALESKY: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Squadron, on page 16 I offer 11 the following amendments to Calendar Number 12 174, Senate Print Number 5577, and ask that 13 said bill retain its place on Third Reading 14 Calendar. 15 ACTING PRESIDENT VALESKY: So 16 ordered. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, 19 can you please recognize Senator Libous. 20 ACTING PRESIDENT VALESKY: 21 Certainly. 22 Senator Libous. 23 SENATOR LIBOUS: Mr. President, 24 do you recognize me? 25 ACTING PRESIDENT VALESKY: I

Candyco Transcription Service, Inc. 1 certainly do. 2 SENATOR LIBOUS: Thank you, 3 Mr. President. 4 On behalf of Senator Volker, I move 5 that the following bill be discharged from its 6 respective committee and be recommitted with 7 instructions to strike the enacting clause. 8 And that would be Senate Print 6142, 9 Mr. President. 10 ACTING PRESIDENT VALESKY: So 11 ordered. 12 SENATOR LIBOUS: Thank you. 13 ACTING PRESIDENT VALESKY: 14 Senator Klein. 15 SENATOR KLEIN: Mr. President, I 16 believe there's some substitutions at the 17 desk. 18 ACTING PRESIDENT VALESKY: There 19 are. 20 The Secretary will read. 21 THE SECRETARY: On page 13, 22 Senator L. Krueger moves to discharge, from 23 the Committee on Judiciary, Assembly Bill 24 Number 5985A and substitute it for the 25 identical Senate Bill Number 3070A, Third

Candyco Transcription Service, Inc. 1 Reading Calendar 124. 2 ACTING PRESIDENT VALESKY: 3 Substitution ordered. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe Senator Smith has a resolution at the 7 desk. I ask that the title of the resolution 8 be read and move for its immediate adoption 9 and allow Senator Smith to speak on his said 10 resolution. 11 ACTING PRESIDENT VALESKY: 12 Senator Klein, has this resolution been deemed 13 privileged and submitted by the office of the 14 Temporary President? 15 SENATOR KLEIN: Yes, 16 Mr. President. 17 ACTING PRESIDENT VALESKY: I 18 assumed it was. 19 The Secretary will read. 20 THE SECRETARY: By Senator Smith, 21 legislative resolution commemorating the 35th 22 annual Queens County St. Patrick's Day Parade, 23 to be held on Saturday, March 6, 2010. 24 ACTING PRESIDENT VALESKY: 25 Senator Smith, on the resolution.

Candyco Transcription Service, Inc. 1 SENATOR SMITH: Thank you very 2 much, Mr. President. 3 My colleagues, I rise today -- as 4 you know, in the last couple of weeks we've 5 been honoring different groups throughout our 6 state. We did the Dominican group, we've done 7 Koreans. And today, Mr. President, I rise to 8 talk about a proud group of immigrants that 9 have come to this country who have done this 10 country proud, and that is the Irish 11 community. 12 They have crossed the shores with 13 hope, like so many other different ethnic 14 groups in our state. The Irish community, 15 Irish-Americans are one of the oldest, 16 accomplished groups in the State of New York. 17 And as many other people know, that they have 18 done tremendous to advance the cause of the 19 State of New York. 20 On March 6th, this Saturday, there 21 will be the 35th anniversary of the Queens 22 St. Patrick's Day Parade. It kicks off the 23 Irish season in the State of New York. We'll 24 be honoring Patrick McGowan, who is the grand 25 marshal of the parade, along with Aine

Candyco Transcription Service, Inc. 1 Sheridan, another grand marshal. 2 And I'm also very proud that one of 3 our esteemed colleagues is one of the grand 4 marshals who will in be that parade, and I 5 look forward to sharing time with him, and 6 that is Senator Marty Golden. Senator Marty 7 Golden will be a grand marshal in that parade, 8 and I will make sure that he gets the 9 hospitality that Queens is known for. 10 There are others who are honored: 11 Deputy Grand Marshals Judge Ingram, Martin 12 Dunne, William Glynn, Joe Lynch, Ed Valentine, 13 Patrick Sullivan, Maureen O'Malley, and Kathy 14 Clarke. 15 We know throughout our history that 16 the Irish-Americans have done quite a bit in 17 the arts and sciences, major roles in our 18 police department as well as our fire 19 department. We know that there have been 20 difficult times faced by many. St. Patrick 21 faced many of those tough challenges, as we do 22 today, but because of his unrelenting faith 23 and commitment he was able to achieve quite a 24 bit. 25 Mr. President, I am proud today to

Candyco Transcription Service, Inc. 1 stand up here to honor the Irish-Americans of 2 the State of New York, their contribution to 3 the state, and again proud to be in the 4 borough that will kick off the Irish-American 5 community celebration of St. Patrick's Day on 6 this Saturday in Queens County. 7 Thank you. 8 ACTING PRESIDENT VALESKY: Thank 9 you, Senator Smith. 10 Are there any other Senators who 11 wish to be heard? 12 Seeing none, the question is on the 13 resolution. All in favor signify by saying 14 aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT VALESKY: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT VALESKY: The 20 resolution is adopted. 21 Senator Smith has asked that the 22 resolution be open for cosponsorship. Any 23 Senator wishing not to cosponsor the 24 resolution please notify the desk. 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, I 2 believe Senator DeFrancisco has four 3 resolutions at the desk. I ask that the 4 titles of the resolutions be read and move for 5 their immediate adoption. 6 ACTING PRESIDENT VALESKY: 7 Senator Klein, have these resolutions been 8 deemed privileged and submitted by the office 9 of the Temporary President? 10 SENATOR KLEIN: Yes, they have, 11 Mr. President. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read the titles of the four 14 resolutions. 15 THE SECRETARY: By Senator 16 DeFrancisco, legislative resolution 17 congratulating the Baldwinsville Football Team 18 and Coach Carl Sanfilippo upon the occasion of 19 capturing the 2009 Section III Class AA 20 Championship. 21 By Senator DeFrancisco, legislative 22 resolution congratulating the Baldwinsville 23 Girls Volleyball Team and Coach Mary Jo Cerqua 24 upon the occasion of capturing the 2009 25 Section III Class AA Championship and the 2009

Candyco Transcription Service, Inc. 1 Class AA Regional Title. 2 By Senator DeFrancisco, legislative 3 resolution congratulating the Baldwinsville 4 Boys Volleyball Team and Coach Dan Hyland upon 5 the occasion of capturing the 2009 Section III 6 Class AA Title. 7 And by Senator DeFrancisco, 8 legislative resolution congratulating the 9 Baldwinsville Boys Soccer Team and Coach Tim 10 Scheemaker upon the occasion of capturing the 11 2009 Section III Class AA Championship. 12 ACTING PRESIDENT VALESKY: 13 Senator DeFrancisco, on the resolutions. 14 SENATOR DeFRANCISCO: Thank you 15 very much. 16 Before we came out on the floor 17 today, I had a conversation with Senator 18 Maziarz from Niagara Falls, who's to my 19 immediate left, and I apologized to him 20 because he has one championship team come 21 every 15 years and we keep coming back from 22 Central New York with championship teams after 23 championship teams. 24 But this is a first, even for the 25 great people and athletes of Central

Candyco Transcription Service, Inc. 1 New York -- namely, having four championship 2 teams out of one school, out of one Senate 3 district. And they're all here in the 4 gallery. 5 And let me just start very briefly 6 saying a few brief words on each one. 7 The football team had an 11 and 1 8 record in their championship season as 9 Section III champions, and an 11 and 1 record 10 in an extremely competitive, the most 11 competitive league of all leagues, the 12 toughest league. And they did an incredible 13 job, an 11 and 1 record. 14 Coach Carl Sanfilippo I know is 15 quite a taskmaster. His reputation precedes 16 him. But in order to follow the directions of 17 a good coach, you need good solid kids, good 18 people that know the importance of working 19 together. 20 And working together is something 21 that you will find will help you all during 22 life. If we could only work together in this 23 chamber as well as you work together on the 24 football field, we'd have a much better 25 legislative body.

Candyco Transcription Service, Inc. 1 That team also had seven All-League 2 First Team players, which is truly, truly 3 remarkable. And we congratulate you. 4 In addition to the football team, 5 we have a resolution for the boys volleyball 6 team -- a 19 and 1 record, five All-League 7 First Team members, a team that obviously ran 8 over its opposition to its title. 9 Same thing -- all of you, in each 10 of the teams, so I don't repeat myself, I 11 played baseball in high school -- oh, by the 12 way, they beat my team, my CBA team, twice 13 this year. Despite that, we're honoring them 14 today. 15 But while I played baseball at CBA 16 and then in college at Syracuse University, 17 I'll tell you one thing. Look to your left 18 and your right. You will be friends with 19 these people your entire life. You'll think 20 back about these championship days and how 21 great it was to be part of what you've been a 22 part of. 23 So you're extremely fortunate. Me, 24 at my age, a very old age -- but still very 25 much in shape --

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR DeFRANCISCO: -- I still 3 am best friends with every single person that 4 we played ball with over the many years. And 5 here this team had five All-League players. 6 Now, I hope I don't get out of 7 order here, but we also have the championship 8 from the girls volleyball team. They had five 9 All-League players. That was the 19 and 1 10 team -- I may have misspoke before -- the 11 girl's volleyball team. 12 The boys volleyball team, also they 13 had an 18 and 1 record, three All-League 14 players. Same things goes to them, how 15 wonderful they've done. 16 And then the soccer team, what was 17 your record? Pardon me? 18 GALLERY MEMBER: Fourteen, five, 19 and zero. 20 SENATOR DeFRANCISCO: Okay, you 21 didn't remember? But you won the sectional 22 title. You might want to study a little more 23 so you do a little bit better in quizzes in 24 open public. 25 (Laughter.)

Candyco Transcription Service, Inc. 1 SENATOR DeFRANCISCO: But the 2 message is very clear. We have a special 3 school with special coaches and special young 4 people that are going to be the leaders of 5 tomorrow. 6 We congratulate you. We wish you 7 the best of luck in all your future endeavors. 8 And we hope you enjoy your day here in Albany 9 being honored by the New York State Senate. 10 Thank you very much. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator DeFrancisco. 13 Senator Maziarz, on the 14 resolutions. 15 SENATOR MAZIARZ: Thank you very 16 much. Thank you very much, Mr. President. 17 I am the aforementioned Senator 18 Maziarz, and I represent the City of 19 North Tonawanda, the North Tonawanda 20 Lumberjacks that were the Class A State 21 Champion this year. 22 And Senator DeFrancisco is 23 absolutely right. It only happens in North 24 Tonawanda about once every 15 years. But in 25 North Tonawanda, it is 85 degrees 365 days a

Candyco Transcription Service, Inc. 1 year, and you can't say that about 2 Baldwinsville, can you? 3 (Laughter.) 4 SENATOR MAZIARZ: Thank you very 5 much, Mr. President. 6 ACTING PRESIDENT VALESKY: Thank 7 you, Senator Maziarz. 8 Are there any other Senators who 9 wish to be heard? 10 Seeing none, the question is on the 11 resolutions. All in favor signify by saying 12 aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT VALESKY: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT VALESKY: The 18 resolutions are adopted. 19 Senator DeFrancisco has indicated 20 he'd like to open up all four resolutions to 21 cosponsorship. Any Senator wishing not to 22 cosponsor should notify the desk. 23 Congratulations to the Boys and 24 Girls Volleyball Teams, the Boys Soccer Team, 25 and the Football Team from Baldwinsville.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT VALESKY: 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, at 5 this time can we please move to a reading of 6 the calendar. 7 ACTING PRESIDENT VALESKY: The 8 Secretary will proceed with the reading of the 9 active bills on Senate Calendar Number 16. 10 THE SECRETARY: Calendar Number 11 33, by Senator L. Krueger, Senate Print -- 12 SENATOR KLEIN: Lay the bill 13 aside for the day. 14 ACTING PRESIDENT VALESKY: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 43, by Senator Stachowski, Senate Print 18 1716A -- 19 SENATOR KLEIN: Lay the bill 20 aside for the day, please. 21 ACTING PRESIDENT VALESKY: The 22 bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 107, by Member of the Assembly Weinstein, 25 Assembly Print Number 2575, an act to amend

Candyco Transcription Service, Inc. 1 the General Municipal Law, in relation to 2 establishing criteria. 3 ACTING PRESIDENT VALESKY: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the 180th day. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT VALESKY: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 55. 12 ACTING PRESIDENT VALESKY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 108, by Senator Maziarz, Senate Print 1055B, 16 an act to amend the Banking Law, in relation 17 to preauthorized electronic -- 18 SENATOR LIBOUS: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT VALESKY: The 21 bill is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 118, by Senator Bonacic, Senate Print 6276, an 24 act to amend Section 3 of Part NN of 25 Chapter 57 of the Laws of 2008.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT VALESKY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT VALESKY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 121, by Senator LaValle, Senate Print 1075A, 13 an act to amend the Real Property Law, in 14 relation to including. 15 ACTING PRESIDENT VALESKY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 124 -- 2 SENATOR KLEIN: Lay the bill 3 aside for the day, please. 4 ACTING PRESIDENT VALESKY: The 5 bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 131, by Senator Schneiderman, Senate Print 8 4256, an act to amend the Civil Practice Law 9 and Rules, in relation to disclosure. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the first of January 14 next succeeding. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: In relation to 19 Calendar Number 131: Ayes, 55. Nays, 0. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 134, by Senator Fuschillo, Senate Print 46A, 24 an act to amend the Vehicle and Traffic Law, 25 in relation to persons authorized.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT VALESKY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first of 5 November. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Senator Little, to explain her vote. 11 SENATOR LITTLE: Thank you, 12 Mr. President. 13 I would really like to thank 14 Senator Fuschillo for putting forth this bill. 15 This has been passed in the Senate before, and 16 I am pleased that it's reached the floor and 17 will be passed today. 18 The genesis of this bill came from 19 an incident that happened in Lake Placid, 20 New York, in 2002. Jack Shea, who was 21 commonly referred to as "Mr. Lake Placid," was 22 an Olympic Gold Medalist winner in the 1932 23 Olympics. Born and raised in Lake Placid, the 24 '32 Olympics took place in Lake Placid, and 25 Jack Shea won the first Gold Medal for speed

Candyco Transcription Service, Inc. 1 skating in that event. 2 In January of 2002, Jack Shea, at 3 the age of 91, at 4 o'clock in the afternoon 4 was driving his car just through the village 5 and was anticipating his grandson competing in 6 the 2002 Winter Olympics in the skeleton. 7 Jack Shea's life was cut short. He was hit 8 when a driver came across, hit him head-on. 9 The driver was intoxicated or 10 believed to be intoxicated. The police 11 ordered blood work. The blood work showed 12 above a .08 content. But because there was no 13 physician supervising at that clinic -- which 14 is the Adirondack Medical Center -- in their 15 clinic at that particular time, the results of 16 that test were thrown out and there was never 17 any prosecution in the case. 18 Jack Shea's grandson went on and 19 won the Gold Medal and had a card, his 20 grandfather's Olympic card, attached inside 21 his helmet. It was a very emotional time. It 22 was a very sad time to think that Jack Shea 23 didn't -- needlessly, didn't live through this 24 exciting time in the life of the Shea family. 25 So thank you for passing this bill.

Candyco Transcription Service, Inc. 1 I look forward to seeing it passed in the 2 Assembly and being signed into law. 3 Thank you. 4 ACTING PRESIDENT VALESKY: 5 Senator Little to be recorded in the 6 affirmative. 7 Senator Fuschillo. 8 SENATOR FUSCHILLO: Mr. 9 President, quickly, I just want to thank my 10 colleagues for their support and Senator 11 Little for her comments. 12 What this bill does is it removes 13 an unnecessary restriction that is allowing 14 drunk drivers, even those that kill innocent 15 victims, to escape prosecution. We've heard 16 the case here, and it's happening throughout 17 the state. 18 We have to continue our fight to 19 rid our streets of drunk drivers. This is 20 just another step in the battle. 21 Thank you very much, Mr. President. 22 ACTING PRESIDENT VALESKY: 23 Senator Fuschillo to be recorded in the 24 affirmative. 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 55. Nays, 2 0. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 144, by Senator Young, Senate Print 2434, an 7 act to amend the Agriculture and Markets Law, 8 in relation to game bird breeding. 9 ACTING PRESIDENT VALESKY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT VALESKY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 55. 17 ACTING PRESIDENT VALESKY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 149, by Senator Klein -- 21 SENATOR KLEIN: Lay the bill 22 aside for the day. 23 ACTING PRESIDENT VALESKY: The 24 bill is laid aside for the day. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 151, by Senator Breslin, Senate Print 2088A, 2 an act to amend the Insurance Law and the 3 Civil Practice Law and Rules, in relation to 4 standard fire insurance policies. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 THE SECRETARY: Section 4. This 8 act shall take effect immediately. 9 ACTING PRESIDENT VALESKY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 156, by Member of the Assembly Cahill, 17 Assembly Print Number 602, an act to amend the 18 Criminal Procedure Law, in relation to 19 execution of bench warrants. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 60th day. 24 ACTING PRESIDENT VALESKY: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT VALESKY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 161, by Senator Stewart-Cousins, Senate Print 7 5600B, an act to amend the General Municipal 8 Law and the Education Law, in relation to 9 information technology. 10 ACTING PRESIDENT VALESKY: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT VALESKY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT VALESKY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 165, by Senator Hannon, Senate Print 1990, an 22 act to amend the Public Health Law, in 23 relation to witnesses to a health care proxy. 24 ACTING PRESIDENT VALESKY: Read 25 the last section.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT VALESKY: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT VALESKY: 7 Senator DeFrancisco, to explain his vote. 8 SENATOR DeFRANCISCO: This bill 9 would reduce the number of witnesses to a 10 healthcare proxy from one two to one. 11 I just think the importance of a 12 healthcare proxy, especially to people who may 13 become later incapacitated and not make the 14 decision -- that's the purpose for the 15 proxy -- that we've got to be very careful 16 that that's the person's signature and that's 17 the person's desire. 18 I'm hesitant to reduce the number 19 of witnesses from two to one; that's why I'm 20 voting no. 21 ACTING PRESIDENT VALESKY: 22 Senator DeFrancisco to be recorded in the 23 negative. 24 Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 165 are 2 Senators Adams, DeFrancisco and 3 Hassell-Thompson. 4 Ayes, 52. Nays, 3. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 168, by Senator Klein, Senate Print 4903, an 9 act to amend the Vehicle and Traffic Law, in 10 relation to non-divisible load permits. 11 ACTING PRESIDENT VALESKY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT VALESKY: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 171, by Senator Savino, Senate Print 3511A, an 23 act to amend the Retirement and Social 24 Security Law, in relation to increasing. 25 ACTING PRESIDENT VALESKY: Read

Candyco Transcription Service, Inc. 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect June 30, 2010. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 55. 8 ACTING PRESIDENT VALESKY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 179, by Senator Leibell, Senate Print 6108B, 12 an act in relation to the alienation of 13 certain parklands. 14 ACTING PRESIDENT VALESKY: There 15 is a home-rule message at the desk. 16 Read the last section. 17 THE SECRETARY: Section 7. This 18 act shall take effect immediately. 19 ACTING PRESIDENT VALESKY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 55. 23 ACTING PRESIDENT VALESKY: The 24 bill is passed. 25 Senator Klein, that completes the

Candyco Transcription Service, Inc. 1 reading of the active bills on Senate Calendar 2 Number 16. 3 SENATOR KLEIN: Mr. President, is 4 there any further business at the desk? 5 ACTING PRESIDENT VALESKY: The 6 desk is clear. 7 SENATOR KLEIN: There being none, 8 Mr. President, I move that we adjourn until 9 Monday, March 8th, at 3:00 p.m., intervening 10 days to be legislative days. 11 ACTING PRESIDENT VALESKY: On 12 motion, the Senate stands adjourned until 13 Monday, March 8th, at 3:00 p.m., intervening 14 days being legislative days. 15 (Whereupon, at 11:46 a.m., the 16 Senate adjourned.) 17 18 19 20 21 22 23 24 25

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