Regular Session - February 7, 2011

                                                            622



         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.
                                                        623



         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.
                                                        624



         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.
                                                        625



         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.
                                                        626



         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.
                                                        627



         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.
                                                        628



         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.
                                                        629



         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.
                                                        630



         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.
                                                        631



         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.
                                                        632



         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.
                                                        633



         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.
                                                        634



         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.
                                                        635



         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.
                                                        636



         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.
                                                        637



         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.
                                                        638



         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.
                                                        639



         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.
                                                        640



         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.
                                                        641



         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.
                                                        642



         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.
                                                        643



         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.
                                                        644



         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.
                                                        645



         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.
                                                        646



         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.
                                                        647



         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.
                                                        648



         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.
                                                        649



         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



                      Candyco Transcription Service, Inc.