Monday, February 7, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 7, 2011 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN J. FLANAGAN, Acting President 19 FRANCIS W. PATIENCE, 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 FLANAGAN: The 3 Senate will come to order. 4 I ask everyone to please rise and 5 repeat the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FLANAGAN: In 9 the absence of clergy, I would respectfully 10 ask that everyone observe a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT FLANAGAN: The 14 reading of the Journal. 15 THE SECRETARY: In Senate, 16 Sunday, February 6, the Senate met pursuant to 17 adjournment. The Journal of Saturday, 18 February 5, was read and approved. On motion, 19 Senate adjourned. 20 ACTING PRESIDENT FLANAGAN: 21 Without objection, the Journal stands approved 22 as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 The Secretary will read the

Candyco Transcription Service, Inc. 1 substitution. 2 THE SECRETARY: On page 9, 3 Senator Maziarz moves to discharge, from the 4 Committee on Energy and Telecommunications, 5 Assembly Bill Number 261 and substitute it for 6 the identical Senate Bill Number 215, Third 7 Reading Calendar 35. 8 ACTING PRESIDENT FLANAGAN: 9 Substitution so ordered. 10 Messages from the Governor. 11 Reports of standing committees. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Libous. 17 SENATOR LIBOUS: Thank you, 18 Mr. President. 19 Mr. President, on behalf of Senator 20 Maziarz, on page 10 I offer up the following 21 amendments to Calendar Number 36, and it is 22 Senate Print 607A, and ask that said bill 23 retain its place on the Third Reading 24 Calendar. 25 ACTING PRESIDENT FLANAGAN:

Candyco Transcription Service, Inc. 1 Senator Libous, the amendments are received 2 and the bill will retain its place on the 3 Third Reading Calendar. 4 SENATOR LIBOUS: And I would ask 5 you to please call on Senator Breslin. 6 ACTING PRESIDENT FLANAGAN: 7 Senator Breslin. 8 SENATOR BRESLIN: Thank you, 9 Senator Libous. Thank you, Mr. President. 10 On behalf of myself, I move that 11 the following bill be discharged from its 12 respective committee and be recommitted with 13 instructions to strike the enacting clause: 14 Bill Number 1187. 15 ACTING PRESIDENT FLANAGAN: So 16 ordered. 17 Senator Breslin. 18 SENATOR BRESLIN: Further, I move 19 that the following bill be discharged from its 20 respective committee and be recommitted with 21 instructions to strike the enacting clause: 22 Bill 2739, by Senator Stavisky. 23 ACTING PRESIDENT FLANAGAN: So 24 ordered. 25 SENATOR BRESLIN: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 Mr. President, I believe there are 7 three privileged resolutions at the desk by 8 Senator Nozzolio. I'd like to ask that you 9 have them read in their entirety and move for 10 their immediate adoption. 11 ACTING PRESIDENT FLANAGAN: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Nozzolio, legislative resolution 15 congratulating the Victor High School Marching 16 Blue Devils Band and Director Eric Everhart 17 upon the occasion of winning the New York 18 State Championship and placing 4th in the 19 United States Scholastic Band Association 20 Championships. 21 "WHEREAS, It is the sense of this 22 Legislative Body to recognize the dedication 23 and commitment of our young people who 24 distinguish themselves through excellence in 25 musical competition; and

Candyco Transcription Service, Inc. 1 "WHEREAS, Music competition 2 provides an opportunity for students to 3 exhibit their practical skills to an audience, 4 thereby giving them a sense of pride in their 5 hard work and efforts; and 6 "WHEREAS, Attendant to such 7 concern, and fully in accord with its 8 long-standing traditions, it is the intent of 9 this Legislative Body to congratulate the 10 Victor High School Marching Blue Devils Band 11 upon the occasion of winning the New York 12 State Championship and placing 4th in the 13 United States Scholastic Band Association 14 Championships; and 15 "WHEREAS, The Victor Marching Blue 16 Devils ended a successful 2010 season with a 17 New York State Championship and a fourth-place 18 finish at the United States Scholastic Band 19 Association Championships (USSBA) held in 20 Annapolis, Maryland, on November 6, 2010. The 21 Marching Blue Devils, in their third year in 22 the National Class, placed fourth out of 23 16 bands in their division. At the USSBA 24 Championships, a total of 100 bands competed 25 in all divisions from 12 states; and

Candyco Transcription Service, Inc. 1 "WHEREAS, The Marching Blue Devils 2 is comprised of over 100 students in Grades 7 3 through 12, and performed their program, 4 Axiomata Motus: The Principles of Motion; and 5 "WHEREAS, On October 31, 2010, the 6 Victor Marching Blue Devils were named 7 National Class Champions with a score of 97.05 8 at the New York State Field Band Conference 9 Championships at the Syracuse Carrier Dome; 10 and 11 "WHEREAS, The members of the 2010 12 Marching Blue Devils Band have proven 13 themselves to be an unbeatable combination of 14 talents, reflecting favorably on Victor High 15 School; and 16 "WHEREAS, The band's outstanding 17 performance has clearly made a contribution to 18 the spirit of excellence which is a tradition 19 of Victor High School; now, therefore, be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to 22 congratulate the members: Nicole Barry, 23 Kristin Barry, Kaitlyn Benwitz, Sam Benwitz, 24 Joseph Bills, Whitney Bishop, Morgan Bishop, 25 Lindsey Bradley, Emily Brown, Kristian Brown,

Candyco Transcription Service, Inc. 1 Randy Bush, Jay Butcher, Ashleigh Carey, Emily 2 Carrozzi, Alyssa Catholdi, Nick Centonze, 3 Mitchell Chan, Brittany Clark, Lindsay Clark, 4 Justin Dake, Ashton Davenport, Olivia DeCarlo, 5 Jenna DeFranco, Austin Drabek, Christian Drew, 6 Jake Drew, Katherine Eames, Michelle Eames, 7 Christina Eames, Lindsay Ernst, Aleta 8 Everhart, Logan Everhart, Mason Everhart, 9 Brianna Farrell, Julianna Fisher, Marissa 10 Gallo, Edward Gharzouzi, Deanna Giardino, 11 Candace Gonnella, Cameron Goodman, Melanie 12 Gydesen, Alan Harding, Danny Hawk, Emily Hawk, 13 Jennifer Heltz, Shealynn Hilliard, Lesley 14 Hogan, Taylor Holmes, JoAnna Holroyd, Victoria 15 Lanzillo, Kevin Lavery, Geena Lawatsch, Laurel 16 Lehman, Maggie Limbeck, Brent Lindsay, Emily 17 Mansfield, Luke Martin, Emily McIntyre, Luke 18 McIntyer, Brianna Merlo, Ryan Merlo, David 19 Montmarquet, Paige Morrell, Zach Mosher, 20 Alayna Murphy, Aaron Natarelli, Declan 21 O'Brien, Cody O'Connor, Ellen Patridge, Cody 22 Paul, Anthony Perdigao, Beverly Petilli, 23 Connor Petilli, Michelle Petilli, Anita 24 Polvinen, Kailyn Ricigliano, Alex Robinson, 25 Julia Rodriguez, Lindy Rohr, Jenny Rowan,

Candyco Transcription Service, Inc. 1 Madison Royal, Nate Samoriski, Alysia Schantz, 2 Kristen Schantz, Dan Shawe, Hali Shepard, 3 Megan Shepard, Chris Snyder, Carolyn Spitzer, 4 Kathryn Sprague, Laura Sprague, Nathan 5 Sprague, Sean Steele, Kristen Stewart, Hannah 6 Thumm, Taylor Triou, Amanda Wagner, Katie 7 Williams, Gregory Williamson, Erin Whipple, 8 Melissa Whipple, Emma Wisotzke, Chelsie 9 Yourch, and Ryan Yourch; the staff: Mike 10 Heaney, Ted Mascari, Mary Burke, Kelly 11 Moser-Vogler, Lesley Rider, Shane Startzel, 12 Joe Taylor, Patsy Van Kirk, Jonathan Ytreberg, 13 Sara Zuhlsdorf, and Kiah Everhart; Assistant 14 Director Mark Rider, and Director Eric 15 Everhart of the Victor High School Marching 16 Blue Devils Band upon the occasion of winning 17 the New York State Championship and placing 18 4th in the United States Scholastic Band 19 Association Championships; and be it further 20 "RESOLVED, That copies of this 21 resolution, suitably engrossed, be transmitted 22 to the members of the 2010 Victor High School 23 Marching Blue Devils Band, the staff, and to 24 the aforementioned directors." 25 By Senator Nozzolio, legislative

Candyco Transcription Service, Inc. 1 resolution congratulating the Victor Blue 2 Devils Boys Volleyball Team and Head Coach 3 Dave Wisniewski upon the occasion of capturing 4 the Class B State 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 Victor Blue Devils 19 Boys Volleyball Team are the Class B 20 Champions; and 21 "WHEREAS, The Victor Blue Devils 22 defeated Section 11's Eastport South Manor 23 High School 3-1 to gain the first ever 24 New York State Division II Championship; and 25 "WHEREAS, The athletic talent

Candyco Transcription Service, Inc. 1 displayed by this team is due in great part to 2 the efforts of Coach Dave Wisniewski and 3 Assistant Coaches Kathryn Fenton and Jake 4 Martin, skilled and inspirational tutors 5 respected for their ability to develop 6 potential into excellence; and 7 "WHEREAS, The team's overall record 8 is outstanding, and the team members were 9 loyally and enthusiastically supported by 10 family, fans, friends and the community at 11 large; and 12 "WHEREAS, The hallmarks of the 13 Victor Blue Devils Boys Volleyball Team, from 14 the opening game of the season to 15 participation in the championship, were a 16 brotherhood of athletic ability, of good 17 sportsmanship, of honor and of scholarship, 18 demonstrating that these team players are 19 second to none; and 20 "WHEREAS, Athletically and 21 academically, the team members have proven 22 themselves to be an unbeatable combination of 23 talents, reflecting favorably on their school; 24 and 25 "WHEREAS, Coach Dave Wisniewski has

Candyco Transcription Service, Inc. 1 done a superb job in guiding, molding and 2 inspiring the team members towards their 3 goals; and 4 "WHEREAS, Sports competition 5 instills the values of teamwork, pride and 6 accomplishment, and Coach Dave Wisniewski and 7 his outstanding athletes have clearly made a 8 contribution to the spirit of excellence which 9 is a tradition of their school; now, 10 therefore, be it 11 "RESOLVED, That this Legislative 12 Body pause in its deliberations to 13 congratulate the Victor Blue Devils Boys 14 Volleyball Team, its members -- Nicholas 15 Bills, Morgan Bolger, McKay Clawson, James 16 Cooper, Erik Dechow, Matthew DeLong, Michael 17 Ellison, Nick Glamack, Erik Griffin, Nicholas 18 Hodownes, Blair Hutto, Christopher Mahan, 19 Brandon McAlees, Jeffrey McGuinness, Matthew 20 McGuinness, Christopher Mydosh, Brannon 21 Perdicho, Cory Phillips, Mitchel Segbers, and 22 Philipp Wacker -- and Coaches Dave Wisniewski, 23 Kathryn Fenton and Jake Martin, on their 24 outstanding season and overall team record; 25 and be it further

Candyco Transcription Service, Inc. 1 "RESOLVED, That copies of this 2 resolution, suitably engrossed, be transmitted 3 to the Victor Blue Devils Boys Volleyball Team 4 and to the aforementioned coaches."` 5 And by Senator Nozzolio, 6 legislative resolution commending Ashley 7 Broderick upon the occasion of capturing the 8 2010 New York State Federation Girls' Diving 9 Championship. 10 "WHEREAS, This Legislative Body 11 takes pleasure in honoring talented high 12 school athletes who distinguish themselves and 13 their community through outstanding athletic 14 performance; and 15 "WHEREAS, Attendant to such 16 concern, and in full accord with its long 17 standing-traditions, it is the intent of this 18 Legislative Body to commend Ashley Broderick 19 upon the occasion of capturing the 2010 New 20 York State Federation Girls' Diving 21 Championship; and 22 "WHEREAS, In winning her second 23 consecutive New York State diving title, 24 Victor High School, New York, Senior Ashley 25 Broderick did it on her final jump of her high

Candyco Transcription Service, Inc. 1 school career. Needing a score of 58, she 2 held out her arms and launched backwards into 3 a flipping 1 1/2 inward pike, scoring a 60; 4 and 5 "WHEREAS, Ashley Broderick finished 6 with a 504.80, edging out Herricks senior 7 Nicole Honey, in order to win the New York 8 State Swimming and Diving Championships at 9 Erie Community College. She accepted a 10 scholarship to attend the University of 11 Pittsburgh in the fall of 2011; and 12 "WHEREAS, Excellence and success in 13 competitive sports can be achieved only 14 through strenuous practice. Ashley 15 Broderick's dedication to diving is a 16 year-round, everyday commitment. She is 17 highly focused and has developed a matchless 18 work ethic; and 19 "WHEREAS, Ashley Broderick's 20 exemplary performance is reflective of her 21 dedication, determination, and personal 22 commitment. Her achievements stand as a 23 hallmark of what is best in the families, 24 schools, and communities across New York 25 Stating; now, therefore, be it

Candyco Transcription Service, Inc. 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to commend 3 Ashley Broderick upon the composition occasion 4 of capturing the 2010 New York State 5 Federation Girls' Diving Championship, and to 6 congratulate her for the enduring honor that 7 she has brought to her family, her school and 8 her community; and be it further 9 "RESOLVED, That a copy of this 10 resolution, suitably engrossed, be transmitted 11 to Ashley Broderick." 12 ACTING PRESIDENT FLANAGAN: 13 Senator Nozzolio, on the resolutions. 14 SENATOR NOZZOLIO: Thank you, 15 Mr. President. 16 And thank you, Clerk Testo, for 17 your reading of those resolutions. 18 Ladies and gentlemen, my 19 colleagues, this is indeed a great day for our 20 state because here in this chamber we are 21 honoring excellence. We are honoring the 22 excellence, the hard work, the ingenuity, the 23 can-do spirit that makes champions. 24 And I'm so pleased that the three 25 state championship units and individuals that

Candyco Transcription Service, Inc. 1 we're honoring today are all from the Victor 2 School District. Now, there must be something 3 in the water. Maybe it's the blue and gold 4 colors of the Victor Blue Devils that have 5 just inspired a sense of excellence throughout 6 this school district. 7 Today is a day for honoring those 8 champions. And they're here today in Albany 9 for that recognition. That the Victor 10 Marching Band, the Victor Boys Volleyball 11 Team, and the Victor diver Ashley Broderick 12 bring together with them all the hard work and 13 dedication that championships mean. 14 That by capturing the state 15 championship title for marching band, the 16 state championship title for boys volleyball, 17 and the state championship diver, these 18 outstanding achievements were the result of 19 tremendous hard work, teamwork, great 20 coaching, wonderful parenting, and a 21 tremendous amount of inspiration. 22 The Victor Blue Devils Marching 23 Band was the 2010 New York State champion. 24 The near-perfect score that they engaged in in 25 their efforts recognize them as the leader of

Candyco Transcription Service, Inc. 1 our state. But also, in so doing, in a 2 competition from a national standpoint, that 3 was held in Annapolis, Maryland, the Victor 4 Blue Devils placed fourth nationally. 5 That score, that great teamwork was 6 an inspiration and a result of hard work of 7 all the band members, members of the color 8 guard, especially their coach, Eric Everhart, 9 and the real coach of the marching band, his 10 wife, Rhonda Everhart. Together they 11 presented such a team -- they're two 12 tremendous role models -- and utilized for the 13 band great teamwork, great esprit de corps, 14 and one that the entire Victor community is 15 very, very proud of. 16 The Victor Boys Volleyball Team, 17 their first ever championship in boys 18 volleyball, defeated Eastport South Manor. 19 And the team, led by Coach Dave Wisniewski, 20 who could not be here today, and assistant 21 coach Jake Martin, who is here today, we thank 22 them and congratulate them. 23 In the growing popularity of 24 volleyball -- it's an Olympic sport, one that 25 we're seeing many, many more schools develop

Candyco Transcription Service, Inc. 1 now to great sport. It's one that takes a 2 tremendous amount of athletic ability. And to 3 have a state championship team is a wonderful 4 tribute to the coaches as well as to the 5 athletic director from Victor, Ron Whitcomb. 6 Ron is here today, and we're very, 7 very pleased that the entire athletic program 8 of Victor produces great athletes, in some 9 cases wonderful championships, but in all 10 cases great citizens. Great members of the 11 community, people who understand the value of 12 hard work, teamwork, and community spirit. 13 And that's what the Victor athletic program is 14 all about. And we're so pleased to see the 15 Victor volleyball team recognized 16 appropriately. 17 Last but certainly not least, now 18 for the second year in a row Ashley Broderick 19 is state champion, as the 2010 New York State 20 Federation Girls' Diving Champion, winning, as 21 was indicated in the resolution, on her last 22 dive of her high school career. 23 She certainly, Ashley deserves a 24 tremendous amount of credit. Here is a sport 25 which takes such individual dedication, such

Candyco Transcription Service, Inc. 1 attention to detail. She is an outstanding 2 young woman, not just a tremendous athlete but 3 a wonderful person. 4 She is with her dedicated coach, 5 Christine Thompson, who is here today to serve 6 in this recognition. 7 I'd also like to give special 8 thanks to those who run the school district. 9 And taking time out of her busy schedule is 10 Superintendent Dawn Santiago-Marullo, who's 11 here with her children, her students, her 12 champions. And the spirit that she exhibits 13 is manifest in running the programs at Victor. 14 And Victor is an outstanding school system. 15 She deserves great credit. 16 And, Superintendent Marullo, it's 17 wonderful to see you. And thank you for your 18 leadership in running an outstanding school 19 system. 20 I'd also like to give a special 21 thanks to Yvonne O'Shea, who's the Victor 22 senior high school principal. Principal 23 O'Shea, thank you for your great leadership. 24 And last but not least, I want to 25 thank Aaron Isaacs, the audiovisual

Candyco Transcription Service, Inc. 1 coordinator for the Victor School District. 2 Mr. President, thank you for 3 allowing me to present to you and to this body 4 genuine champions, genuine leaders of the 5 future of this state and nation, people who 6 are dedicated to hard work and excellence. 7 And that is a spirit that we are rightly to 8 congratulate here in this wonderful Senate 9 chamber. 10 Thank you, Mr. President. 11 ACTING PRESIDENT FLANAGAN: Thank 12 you, Senator Nozzolio. 13 Are there any other Senators 14 wishing to be heard on the resolutions? 15 Hearing none, the question is before the 16 house. All those in favor of the resolution 17 signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT FLANAGAN: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT FLANAGAN: 23 Senator Nozzolio, congratulations to the 24 Victor community, the band, the Blue Devils, 25 the volleyball team, and Ms. Ashley Broderick.

Candyco Transcription Service, Inc. 1 (Applause.) 2 ACTING PRESIDENT FLANAGAN: 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, 5 Mr. President. 6 I believe that there is a 7 privileged resolution at the desk by Senator 8 Martins. Would you please have the title read 9 and move for its immediate adoption and. 10 ACTING PRESIDENT FLANAGAN: The 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Martins, legislative resolution celebrating 14 the opening of an exhibit at The Holocaust 15 Memorial and Tolerance Center of Nassau County 16 recognizing the life and heroic actions of 17 Aristides de Sousa Mendes. 18 ACTING PRESIDENT FLANAGAN: 19 Senator Martins on the resolution. 20 SENATOR MARTINS: Thank you, 21 Mr. President. 22 I rise and ask my colleagues to 23 join me in recognizing not only The Holocaust 24 Memorial and Tolerance Center of Nassau 25 County, which is the preeminent center in

Candyco Transcription Service, Inc. 1 Nassau County for teachings on the Holocaust 2 and on tolerance, but also the life of a very 3 special individual, Aristides de Sousa Mendes, 4 who was a consul general for Portugal in 5 Bordeaux, France, during World War II. 6 During six days in June of 1940, 7 against the orders of his government, 8 Aristides de Sousa Mendes issued over 30,000 9 visas to individuals fleeing the Nazi regime. 10 As they tried to leave France, he gave them 11 safe passage. Included among those 30,000 are 12 12,000 Jews who were saved during World War 13 II, the consequences of which are readily 14 apparent. There are hundreds of thousands of 15 people alive today in the world as a result of 16 this one individual's actions. 17 And there are times like these that 18 we have an opportunity as a body to recognize 19 those people who have made a difference in 20 this world against the interests of their own 21 self-interest, against the orders of their own 22 government, taking a stand for that which is 23 right. And Aristides de Sousa Mendes was just 24 such a person. 25 Unfortunately, he died in 1954,

Candyco Transcription Service, Inc. 1 stripped of all diplomatic credentials, 2 stripped of his right to practice in his 3 country, but was recognized in 1966 by Israel 4 at Yad Vashem as one of the Righteous Among 5 the Nations. 6 The Holocaust and Tolerance Center 7 in Nassau County opened an exhibit yesterday 8 recognizing the life of Aristides de Sousa 9 Mendes, a person of singular integrity and 10 courage who unquestionably altered world 11 history and certainly altered the lives of so 12 many hundreds of thousands of individuals. 13 I think it is incumbent upon us, 14 when we do have an example of extraordinary 15 courage and character, that we recognize such 16 an individual. And I would ask my colleagues 17 to join with me in recognizing Aristides de 18 Sousa Mendes for his great contribution to 19 society as well as his great example to 20 today's generation and future generations of 21 courage and character under extraordinary 22 circumstances. 23 Thank you, Mr. President. 24 ACTING PRESIDENT FLANAGAN: Thank 25 you, Senator Martins.

Candyco Transcription Service, Inc. 1 The question is on the resolution. 2 All those in favor signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT FLANAGAN: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT FLANAGAN: The 8 resolution is adopted. 9 Senator Libous. 10 SENATOR LIBOUS: Mr. President, I 11 believe that Senator Martins would like to 12 open the resolution up for cosponsorship. So 13 as our usual practice, if there is anyone in 14 the chamber who wishes not to be on the 15 resolution, please let the desk know. 16 ACTING PRESIDENT FLANAGAN: 17 Senator Libous, the resolution is open for 18 cosponsorship. If you do not wish to be 19 mentioned as a cosponsor, please notify the 20 desk. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 Can we now take up the 25 noncontroversial calendar, please.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 5, by Senator Young, Senate Print 764, an act 5 to amend the Highway Law. 6 ACTING PRESIDENT FLANAGAN: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FLANAGAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT FLANAGAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 17, by Senator Fuschillo, Senate Print 598, an 18 act to amend the Real Property Tax Law. 19 ACTING PRESIDENT FLANAGAN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 90th day. 23 ACTING PRESIDENT FLANAGAN: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 61. 2 ACTING PRESIDENT FLANAGAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 18, by Senator Young, Senate Print 800, an act 6 to amend the Municipal Home Rule Law. 7 ACTING PRESIDENT FLANAGAN: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FLANAGAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 61. 15 ACTING PRESIDENT FLANAGAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 23, by Senator L. Krueger, Senate Print 885, 19 an act to amend the Criminal Procedure Law. 20 ACTING PRESIDENT FLANAGAN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 180th day. 24 ACTING PRESIDENT FLANAGAN: Call 25 the roll.

Candyco Transcription Service, Inc. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT FLANAGAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 28, by Senator Saland, Senate Print 1411, an 7 act to amend the Penal Law. 8 ACTING PRESIDENT FLANAGAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 ACTING PRESIDENT FLANAGAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. Nays, 17 1. Senator Duane recorded in the negative. 18 ACTING PRESIDENT FLANAGAN: The 19 bill is passed. 20 Senator Libous, that completes the 21 noncontroversial reading of the calendar. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 Is there any other business at the 25 desk at this time?

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT FLANAGAN: 2 Senator Libous, there is none. 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 There being no further business, I 6 move that the Senate adjourn until Tuesday, 7 February 8th, at 2:00 p.m. 8 ACTING PRESIDENT FLANAGAN: On 9 motion, the Senate stands adjourned until 10 Tuesday, February 8th, at 2:00 p.m. 11 (Whereupon, at 3:31 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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