Regular Session - March 4, 2010

                                                            1206



         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



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         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.



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         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



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         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



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         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.



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         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



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         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



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         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.



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         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



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         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



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         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.



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         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 --



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         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.)



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         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



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         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.



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         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



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         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.



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         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



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         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.



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         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



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         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.



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         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.



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         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



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         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.



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         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.



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         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



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         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



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         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



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         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

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        20

        21

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        24

        25



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