Regular Session - May 2, 2007

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                      May 2, 2007

        11                      11:04 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CARL L. MARCELLINO, Acting President

        19  STEVEN M. BOGGESS, 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 MARCELLINO:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT MARCELLINO:    In

        10       the absence of clergy, may we bow our heads

        11       for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT MARCELLINO:

        15       Reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Tuesday, May 1, the Senate met pursuant to

        18       adjournment.  The Journal of Monday, April 30,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT MARCELLINO:

        22       Without objection, the Journal stands approved

        23       as read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.


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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Farley.

         8                  SENATOR FARLEY:    Thank you,

         9       Mr. President.

        10                  Mr. President, I wish to call up

        11       Senator LaValle's bill, Print Number 4524,

        12       which was recalled from the Assembly and it's

        13       now at your desk.

        14                  ACTING PRESIDENT MARCELLINO:    The

        15       Secretary will read.

        16                  THE SECRETARY:    Calendar Number

        17       687, by Senator LaValle, Senate Print 4524, an

        18       act to amend the Education Law.

        19                  SENATOR FARLEY:    Mr. President, I

        20       now move to reconsider the vote by which this

        21       bill was passed.

        22                  ACTING PRESIDENT MARCELLINO:

        23       Call the roll on reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 37.


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         1                  SENATOR FARLEY:    Mr. President, I

         2       now move to recommit the bill to the Committee

         3       on Rules.

         4                  ACTING PRESIDENT MARCELLINO:    The

         5       bill is recommitted to the Committee on Rules.

         6                  SENATOR FARLEY:    Thank you.

         7                  ACTING PRESIDENT MARCELLINO:

         8       Senator Skelos.

         9                  SENATOR SKELOS:    Mr. President,

        10       there's a Resolution 1826, by Senator

        11       Hassell-Thompson.  If we could have it read in

        12       its entirety and move for its immediate

        13       adoption.

        14                  ACTING PRESIDENT MARCELLINO:    The

        15       Secretary will read, please.

        16                  THE SECRETARY:    By Senator

        17       Hassell-Thompson, Legislative Resolution

        18       Number 1826, congratulating the Mount Vernon

        19       High School Boys Basketball Team and Coach Bob

        20       Cimmino upon the occasion of capturing its

        21       second consecutive New York State Public High

        22       School Athletic Association Class AA

        23       Championship.

        24                  "WHEREAS, Excellence and success in

        25       competitive sports can be achieved only


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         1       through strenuous practice, team play and team

         2       spirit, nurtured by dedicated coaching and

         3       strategic planning; and

         4                  "WHEREAS, Athletic competition

         5       enhances the moral and physical development of

         6       the young people of this state, preparing them

         7       for the future by instilling in them the value

         8       of teamwork, encouraging a standard of healthy

         9       living, imparting a desire for success, and

        10       developing a sense of fair play and

        11       competition; and

        12                  "WHEREAS, The Mount Vernon High

        13       School Boys Basketball Team are the New York

        14       State Class AA Champions; and

        15                  "WHEREAS, The Mount Vernon Knights

        16       defeated the Bishop Maginn Griffins by a score

        17       of 68 to 65, for their second consecutive

        18       New York State Public High School Athletic

        19       Association Class AA state title on Sunday,

        20       March 18, 2007, at the Glens Falls Civic

        21       Center; and

        22                  "WHEREAS, The athletic talent

        23       displayed by this team is due in great part to

        24       the efforts of Coach Bob Cimmino and his

        25       dedicated staff, skilled and inspirational


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         1       tutors respected for their ability to develop

         2       potential into excellence; and

         3                  "WHEREAS, The team's overall record

         4       of 24 and 5 is outstanding, and the team

         5       members were loyally and enthusiastically

         6       supported by family, fans, friends and the

         7       community at large; and

         8                  "WHEREAS, The hallmarks of the

         9       Mount Vernon High School Boys Basketball Team,

        10       from the opening game of the season to

        11       participation in the championship, were a

        12       brotherhood of athletic ability, of good

        13       sportsmanship, of honor and of scholarship,

        14       demonstrating that these team players are

        15       second to none; and

        16                  "WHEREAS, Athletically and

        17       academically, the team members have proven

        18       themselves to be an unbeatable combination of

        19       talents, reflecting favorably on their school;

        20       and

        21                  "WHEREAS, Coach Bob Cimmino has

        22       done a superb job in guiding, molding and

        23       inspiring the team members toward their goals;

        24       and

        25                  "WHEREAS, Sports competition


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         1       instills the values of teamwork, pride and

         2       accomplishment, and Coach Bob Cimmino and

         3       these outstanding athletes have clearly made a

         4       contribution to the spirit of excellence which

         5       is a tradition of their school; now,

         6       therefore, be it

         7                  "RESOLVED, That this Legislative

         8       Body pause in its deliberations to

         9       congratulate the Mount Vernon High School Boys

        10       Basketball Team, its members -- Marcquis

        11       Abney, Ketema Brooks, Odayne Clarke, Michael

        12       Coburn, Woody Eliezer, Jabarie Hinds, Jahrine

        13       Jones, Kevin Jones, Jordan Lessane, Tyrone

        14       Mitchell, Kortney Parker, Naseer Robinson,

        15       Malik Taylor, Sherrod Wright, and Shawn

        16       Cowans -- and Coaches Bob Cimmino, Brian

        17       Pritchett, Garee Bryant, Paul Roland, Peter

        18       Monteplier, Tony Pavlacka, Dwayne Murray,

        19       Rasaun Young, Rich Suozzo, Pat Theodule,

        20       Anthony Pisacreta, Yaacov Williams, Bryan

        21       Browne, and Larry Barnes -- on their

        22       outstanding season and overall team record;

        23       and be it further

        24                  "RESOLVED, That copies of this

        25       resolution, suitably engrossed, be transmitted


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         1       to the Mount Vernon High School Boys

         2       Basketball Team and to Coach Bob Cimmino."

         3                  ACTING PRESIDENT MARCELLINO:    On

         4       the resolution, Senator Hassell-Thompson.

         5                  SENATOR HASSELL-THOMPSON:    Thank

         6       you, Mr. President.

         7                  I rise to congratulate the

         8       basketball team of Mount Vernon High School,

         9       and to the Mount Vernon community, for their

        10       successful achievement in winning the state

        11       championship.

        12                  This is not the first time that I

        13       have stood here with tremendous pride to

        14       congratulate the Knights and Coach Bob Cimmino

        15       and all of the supporting coaches and parents

        16       and volunteers who go with our young men as

        17       they play the games and to instill in them the

        18       awareness of what a tremendous community they

        19       represent, as well as themselves.

        20                  You are so powerfully pleasing to

        21       me today.  Very few things bring me to tears,

        22       but this occasion does, as we have this week

        23       mourned the deaths of three of our very young

        24       men at the hands of violence this week.  This

        25       helps me to balance the job that I have as


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         1       your State Senator and representative, in

         2       knowing that there is a sunshine behind every

         3       great cloud.

         4                  Thank you for being here with us

         5       this morning.  And I want to congratulate you

         6       on not only your ability on the court, but

         7       your academics in the classroom and showing us

         8       that it's not brains versus brawn, but

         9       together they make a powerful combination.

        10                  Thank you.

        11                  ACTING PRESIDENT MARCELLINO:

        12       Senator Adams, on the resolution.

        13                  SENATOR ADAMS:    Thank you,

        14       Mr. President.

        15                  I want to rise also to

        16       congratulate.  And I know the spirit of my

        17       colleague, Senator Ruth Hassell-Thompson, and

        18       how important young people are.

        19                  During my college and high school

        20       days, I couldn't win a championship, because I

        21       rode the bench all the time.  I wasn't a good

        22       player.

        23                  But as I thought, there was one

        24       person on my team, as I shared with my

        25       colleagues yesterday, that no matter how


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         1       difficult the game was, he wanted the ball in

         2       his hand, because he was a winner.  He wanted

         3       to take the last shot.  He wanted to be the

         4       person who the entire team depended on before

         5       the end of the game.

         6                  And I want to share something with

         7       you young men, that right now the game is on

         8       the line.  Gun violence is pervasive in the

         9       community you call home.  Who wants the ball?

        10       AIDS is suffocating the life of your

        11       community, your peers.  Who wants the ball?

        12       Right now, education, your peers across this

        13       state can't read or write.  Who's going to be

        14       the teacher to hold the ball?  Who's going to

        15       be the cop to patrol your community?

        16                  There are men that you know that

        17       look like you, that find life to be comical

        18       and funny.  Class clowns of yesterday are

        19       holding squeegees in their hand, washing

        20       windows for a quarter.

        21                  Now it's time to be serious.  You

        22       won the championship at Mount Vernon; now I

        23       want you to win the championship in life.  On

        24       the real court, the full court press is on

        25       you.  I want you to say:  I want the ball, I


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         1       want to be the one to score the last point, I

         2       want to be the one to score the last basket,

         3       to make sure my peers are able to do what I

         4       do -- not only to put a ball in the hoop, but

         5       to also put a person as a CEO in a top

         6       corporation in the state of New York.

         7                  If you can play ball in Mount

         8       Vernon, you can be a doctor in Bed-Stuy.  You

         9       can also be a pediatrician in Belgium.  You

        10       can be an accountant in Troy, New York.  You

        11       can be the same thing on the global

        12       proportion.

        13                  Take the ball.  Don't let anyone

        14       prevent you to the geographical boundaries of

        15       their mentality that believe you can only be

        16       great on the court.  You can be great in

        17       whatever you want to do.  Say to yourself

        18       today, in this Senate chamber:  Give me the

        19       ball, I want to take the last shot.

        20                  Congratulations to you.

        21                  ACTING PRESIDENT MARCELLINO:

        22       That was well said, Senator.

        23                  Senator Stewart-Cousins.

        24                  SENATOR STEWART-COUSINS:    Well, I

        25       rise -- and, you know, certainly following


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         1       what Senator Adams and Senator

         2       Hassell-Thompson had to say, there's very

         3       little that I can add.  But as a Senator

         4       representing Westchester, I did want to say

         5       how proud I am of you.

         6                  I represent Yonkers and Greenburg

         7       and Mount Pleasant.  But before I had the

         8       honor to come to these chambers, I served with

         9       Legislator Young in the county legislature.

        10       And year after year, your team would come and

        11       we would have jokes about how wonderful you

        12       were and how, above everyone else in

        13       Westchester County, you prevailed.

        14                  So I am pleased to have left the

        15       county legislature to come here to find that

        16       you are here, still on top, still state

        17       statewide champions, still bringing honor to

        18       Westchester County, still showing us that the

        19       beyond everything, you will do what you have

        20       to do to win.

        21                  I think Senator Adams said it

        22       beautifully.  You have to; you are already

        23       winners.  You already have proven it takes

        24       discipline, it takes skill, it takes mental

        25       acuity, it takes everything that you need to


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         1       win in life to win the way you do every single

         2       year.

         3                  There is nothing that can be in

         4       your way.  There is nothing that will stop you

         5       except what's here.  Be unstoppable.  Keep

         6       that ball, keep making us proud.  Follow us on

         7       every level of government.  Because you are

         8       beyond local champions, you are heroes.

         9                  Thank you very much.

        10                  ACTING PRESIDENT MARCELLINO:    On

        11       the resolution, Senator Little.

        12                  SENATOR LITTLE:    Thank you,

        13       Mr. President.

        14                  Senator Hassell-Thompson, I would

        15       like to join you in congratulating the Mount

        16       Vernon Basketball Team for winning the

        17       championship New York State basketball title,

        18       and they won it in Glens Falls, New York.  And

        19       I had the opportunity to watch them play, so I

        20       certainly know that their skill and their

        21       dedication is second to none, and certainly

        22       they were very deserving of this title.

        23                  I'm also, coincidentally, joined

        24       today by St. Mary's-St. Alphonsus Regional

        25       Catholic School, which is two blocks from the


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         1       Civic Center.  And these are youngsters in

         2       fourth grade who have been able to watch the

         3       players come to Glens Falls from around the

         4       state and have celebrated their wonderful

         5       athletic skills and been able to see them, to

         6       cheer for them, and to host them in Glens

         7       Falls since the 1980s.

         8                  And it's a special day for me to

         9       have them here in the gallery, because not

        10       only am I a graduate of St. Mary's Academy,

        11       the high school -- even though that has closed

        12       and only goes to eighth grade -- but I have

        13       this fourth-grade class here, and included in

        14       that fourth grade is my oldest granddaughter,

        15       Jacqueline Hogan, and they are accompanied by

        16       their teachers, Mrs. Edie and Mrs. Hiscox, and

        17       several parents, including my daughter

        18       Elizabeth Hogan.

        19                  So I am proud to have three

        20       generations of Littles here in the chamber

        21       today, and welcome this class.  And they are

        22       very family with these basketball players, who

        23       come to Glens Falls every year and are truly

        24       congratulated and celebrated as being

        25       champions in their community and in the state.


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         1       And what a wonderful example the basketball

         2       players and their dedication are to these

         3       youngsters who get to see them when they come

         4       to town.

         5                  So congratulations, and thank you

         6       for coming down, learning more about New York

         7       State history.  And congratulations to the

         8       Mount Vernon High School Basketball Team.

         9                  Thank you.

        10                  ACTING PRESIDENT MARCELLINO:

        11       Senator Diaz, on the resolution.

        12                  SENATOR DIAZ:    Thank you,

        13       Mr. President.

        14                  I rise to congratulate also not

        15       only the young men of Mount Vernon for their

        16       achievement, but also my colleagues Senator

        17       Stewart-Cousins and Senator Hassell-Thompson.

        18                  Because, you know, in life we

        19       sometimes don't appreciate or sometimes we

        20       don't even know the blessings that God gave

        21       us.  And we take it for granted, we take for

        22       granted things in life.  Many times we don't

        23       stop to analyze, to think and to appreciate

        24       the things that God has given us.

        25                  That small group of young persons


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         1       over there, today in this Senate, they are

         2       making the people, the residents of Mount

         3       Vernon proud.  They bringing pride, they're

         4       bringing honor to Mount Vernon, just that

         5       small group of people.

         6                  And they are also making Senator

         7       Hassell-Thompson, even she says, crying.

         8       They're making Senator Stewart-Cousins proud.

         9                  And we in this Senate chamber, we

        10       are praising you guys.  We are telling you

        11       thank you.  But we have to realize, even us

        12       here, that sometimes we don't even know what

        13       God is giving us.  Sometimes we don't even

        14       deserve it.  There are so many people out

        15       there, there are so many people, there are so

        16       many other people better than us.  Better than

        17       us, more intelligent than us, more capable

        18       than us.  But God has chosen us.  God has

        19       chosen you.

        20                  And that's something that we have

        21       to be aware of, that today that group of

        22       residents of Mount Vernon, New York, are here

        23       on this Senate floor making Mount Vernon

        24       proud.  You know how many other residents of

        25       Mount Vernon would like to have that


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         1       opportunity that God has given you today?

         2                  You, you have been chosen.  You

         3       were chosen by God, you were chosen to be in

         4       that team, you were chosen to make us proud.

         5       You were chosen among many others.  The same

         6       way we have been chosen among many others.

         7                  So congratulations, God bless you.

         8       God bless you, God be with you, continue

         9       making us proud.

        10                  And Senators, those colleagues of

        11       mine that represent White Plains, New York, I

        12       am proud to represent, because I have been

        13       honored to represent and to be sent here by

        14       the honorable residents of the 32nd Senatorial

        15       District in the Bronx.  There are so many

        16       people better than me, there are so many other

        17       people that could do this better than I do.

        18       But those people, those residents of the

        19       32nd Senatorial District sent me here, and I'm

        20       proud to serve them.

        21                  And I know that today Senator

        22       Hassell-Thompson, your chest, your chest is so

        23       big, so wide, because you're looking at those

        24       young guys over there.  Congratulations,

        25       Senator Hassell-Thompson.  Enjoy, rejoice.


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         1       This is the day that the Lord has made.

         2                  God bless you.  Thank you.

         3                  ACTING PRESIDENT MARCELLINO:    The

         4       question is on the resolution.  All in favor

         5       signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT MARCELLINO:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT MARCELLINO:    The

        11       ayes have it.  The resolution is adopted.

        12                  Can we have a round of applause for

        13       these fine young men.

        14                  (Standing ovation.)

        15                  ACTING PRESIDENT MARCELLINO:

        16       Senator Hassell-Thompson.

        17                  SENATOR HASSELL-THOMPSON:    Mr.

        18       President, I would like to open up this

        19       resolution to all members who would be willing

        20       to sign on to it.  And I thank you for your

        21       support.

        22                  SENATOR SKELOS:    Mr. President,

        23       if anyone wishes not to sponsor the

        24       resolution, they should notify the desk.

        25                  Mr. President, there's a Resolution


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         1       1874 at the desk by Senator Winner.  If we

         2       could have the title read and move for its

         3       immediate adoption.

         4                  And Senator Winner, I believe,

         5       wishes to open it up for cosponsorship.

         6                  ACTING PRESIDENT MARCELLINO:    The

         7       Secretary will read the title of the

         8       resolution by Senator Winner.

         9                  THE SECRETARY:    By Senator

        10       Winner, Legislative Resolution Number 1874,

        11       memorializing Governor Eliot Spitzer to

        12       proclaim May 18, 2007, as NASCAR Day in the

        13       State of New York.

        14                  ACTING PRESIDENT MARCELLINO:    On

        15       the resolution, Senator Winner.

        16                  SENATOR WINNER:    Thank you,

        17       Mr. President.

        18                  I'm proud to be here to have the

        19       opportunity to wave the green flag, so to

        20       speak, to start New York's celebration of

        21       NASCAR Day for 2007.

        22                  In my district in the Southern Tier

        23       and the Finger Lakes, we are home to the

        24       Watkins Glen International, the soul of

        25       American road racing, which over the course of


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         1       more than five decades has become a national

         2       institution, the premier road racing facility

         3       in the United States.

         4                  Watkins Glen is a great source of

         5       pride to our region and an economic mainstay

         6       and landmark that annually attracts visitors

         7       from all around the world in the thousands and

         8       thousands.  Over the last two decades,

         9       thousands of NASCAR fans have visited Watkins

        10       Glen each and every August, and we've been

        11       proud to welcome the NASCAR community to

        12       Watkins Glen, and we know that their

        13       enthusiasm, loyalty and spirit is unmatched.

        14                  It is in recognizing the NASCAR

        15       spirit that today's resolution seeks to have

        16       New York join many other states in proclaiming

        17       Friday, May 18, 2007, as NASCAR Day, which is

        18       the signature charitable event of the NASCAR

        19       Foundation in supporting a wide range of

        20       worthy charitable initiatives.  It is an

        21       opportunity for us to draw attention to the

        22       fact that NASCAR fans all across New York

        23       contribute to this worthy cause, and a worthy

        24       opportunity for all of them to express their

        25       sense of community.


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         1                  Thank you for supporting this

         2       resolution.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT MARCELLINO:

         5       Thank you, Senator.  The question is on the

         6       resolution.  All in favor signify by saying

         7       aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT MARCELLINO:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT MARCELLINO:    The

        13       resolution is adopted.

        14                  And as has been stated by the

        15       acting chair, the resolution has been opened

        16       for all who would like to cosponsor.  If you

        17       would not like to, please notify the chair.

        18                  Senator Skelos.

        19                  SENATOR SKELOS:    Mr. President,

        20       if we could go to the noncontroversial reading

        21       of the calendar at this time.

        22                  ACTING PRESIDENT MARCELLINO:    The

        23       Secretary will read the noncontroversial

        24       calendar.

        25                  THE SECRETARY:    Calendar Number


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         1       167, by Senator Maziarz, Senate Print 258, an

         2       act to amend the State Administrative

         3       Procedure Act, in relation to establishing.

         4                  ACTING PRESIDENT MARCELLINO:

         5       Read the last section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect on the 90th day.

         8                  ACTING PRESIDENT MARCELLINO:

         9       Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 52.

        12                  ACTING PRESIDENT MARCELLINO:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       306, by Senator Seward, Senate Print 804, an

        16       act to amend Chapter 650 of the Laws of 1998

        17       amending the Insurance Law.

        18                  ACTING PRESIDENT MARCELLINO:

        19       Read the last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT MARCELLINO:

        23       Call the roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 52.


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         1                  ACTING PRESIDENT MARCELLINO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       308, by Senator Seward, Senate Print 2071, an

         5       act to amend the Insurance Law, in relation to

         6       annuity contracts.

         7                  ACTING PRESIDENT MARCELLINO:

         8       Read the last section.

         9                  THE SECRETARY:    Section 6.  This

        10       act shall take effect on the 90th day.

        11                  ACTING PRESIDENT MARCELLINO:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 52.

        15                  ACTING PRESIDENT MARCELLINO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       415, by Senator Farley, Senate Print 918, an

        19       act to amend the Election Law and the State

        20       Finance Law, in relation to requiring

        21       proposition authorizing.

        22                  ACTING PRESIDENT MARCELLINO:

        23       Read the last section.

        24                  THE SECRETARY:    Section 4.  This

        25       act shall take effect immediately.


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         1                  ACTING PRESIDENT MARCELLINO:

         2       Call the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 52.

         5                  ACTING PRESIDENT MARCELLINO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       426, by Senator Larkin, Senate Print 3435, an

         9       act to amend the provide for the creation of

        10       the Pine Bush Area Public Library.

        11                  ACTING PRESIDENT MARCELLINO:

        12       Read the last section.

        13                  THE SECRETARY:    Section 8.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MARCELLINO:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 53.

        19                  ACTING PRESIDENT MARCELLINO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       470, by Senator Marcellino, Senate Print 633,

        23       an act to amend the Vehicle and Traffic Law,

        24       in relation to aggravated unlicensed

        25       operation.


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                                                        2393



         1                  ACTING PRESIDENT MARCELLINO:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the first of

         5       November.

         6                  ACTING PRESIDENT MARCELLINO:

         7       Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 53.

        10                  ACTING PRESIDENT MARCELLINO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       492, by Senator Skelos, Senate Print 2462A, an

        14       act to amend the Uniform Commercial Code, in

        15       relation to obligation.

        16                  ACTING PRESIDENT MARCELLINO:

        17       Read the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT MARCELLINO:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 52.  Nays,

        24       2.  Senators Duane and Savino recorded in the

        25       negative.


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         1                  ACTING PRESIDENT MARCELLINO:    The

         2       bill is passed.

         3                  THE SECRETARY:    Calendar Number

         4       543, by Senator Trunzo, Senate Print 1321, an

         5       act to amend the Public Officers Law and the

         6       Education Law, in relation to removal.

         7                  ACTING PRESIDENT MARCELLINO:

         8       Read the last section.

         9                  THE SECRETARY:    Section 3.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT MARCELLINO:

        12       Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 54.

        15                  ACTING PRESIDENT MARCELLINO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       545, by Senator Volker, Senate Print 1873, an

        19       act to amend the Tax Law, in relation to

        20       extending.

        21                  ACTING PRESIDENT MARCELLINO:

        22       Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT MARCELLINO:


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         1       Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 54.

         4                  ACTING PRESIDENT MARCELLINO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       550, by Senator LaValle, Senate Print 3821, an

         8       act to amend the Alcoholic Beverage Control

         9       Law, in relation to service of alcoholic

        10       beverages.

        11                  ACTING PRESIDENT MARCELLINO:

        12       Read the last section.

        13                  THE SECRETARY:    Section 4.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT MARCELLINO:

        16       Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 54.

        19                  ACTING PRESIDENT MARCELLINO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       619, by Senator DeFrancisco, Senate Print

        23       911A, an act to amend the Executive Law, in

        24       relation to establishing "School-Related

        25       Professionals Recognition Day."


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                                                        2396



         1                  ACTING PRESIDENT MARCELLINO:

         2       Read the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the 30th day.

         5                  ACTING PRESIDENT MARCELLINO:

         6       Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 54.

         9                  ACTING PRESIDENT MARCELLINO:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       649, by Senator Volker, Senate Print 4035, an

        13       act to amend the Penal Law, in relation to

        14       trespassing in a motor vehicle.

        15                  ACTING PRESIDENT MARCELLINO:

        16       Read the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the first of

        19       November.

        20                  ACTING PRESIDENT MARCELLINO:

        21       Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Those recorded in

        24       the negative on Calendar Number 649 are

        25       Senators Duane, Hassell-Thompson and


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         1       Montgomery.

         2                  Ayes, 52.  Nays, 3.

         3                  ACTING PRESIDENT MARCELLINO:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       667, by Senator Little, Senate Print 1101, an

         7       act to legalize, validate, ratify and confirm

         8       certain actions taken by the board of

         9       education.

        10                  ACTING PRESIDENT MARCELLINO:

        11       Read the last section.

        12                  THE SECRETARY:    Section 5.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT MARCELLINO:

        15       Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 55.

        18                  ACTING PRESIDENT MARCELLINO:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       668, by Senator Trunzo, Senate Print 1307, an

        22       act in relation to directing the Education

        23       Department.

        24                  ACTING PRESIDENT MARCELLINO:    If

        25       we can have a little order, please.


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         1                  Read the last section.

         2                  THE SECRETARY:    Section 3.  This

         3       act shall take effect immediately.

         4                  ACTING PRESIDENT MARCELLINO:

         5       Call the roll.

         6                  (The Secretary called the roll.)

         7                  THE SECRETARY:    Ayes, 55.

         8                  ACTING PRESIDENT MARCELLINO:    The

         9       bill is passed.

        10                  Senator Skelos, that completes the

        11       noncontroversial calendar.  In fact, that

        12       completes the calendar.

        13                  SENATOR SKELOS:    Mr. President,

        14       if we could return to motions, I believe

        15       either Senator Fuschillo or Senator Farley or

        16       Senator Robach has a motion to make at this

        17       time.

        18                  Senator Robach.

        19                  ACTING PRESIDENT MARCELLINO:

        20       Motions and resolutions.

        21                  Senator Robach.

        22                  SENATOR ROBACH:    Yes,

        23       Mr. President.  On page 26 I offer the

        24       following amendments to Calendar Number 413,

        25       Senate Print Number 3748, and ask that the


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         1       said bill retain its place on Third Reading

         2       Calendar.

         3                  ACTING PRESIDENT MARCELLINO:    So

         4       ordered.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Mr. President,

         7       in consultation with the Minority Leader,

         8       Senator Bruno hands up the following committee

         9       change and asks that it be filed in the

        10       Journal.

        11                  ACTING PRESIDENT MARCELLINO:    The

        12       changes are accepted.

        13                  SENATOR SKELOS:    Is there any

        14       further business?

        15                  ACTING PRESIDENT MARCELLINO:

        16       There is none, Senator.

        17                  SENATOR SKELOS:    There being

        18       none, I move we stand adjourned until Monday,

        19       May 7th, at 3:00 p.m., intervening days being

        20       legislative days.

        21                  ACTING PRESIDENT MARCELLINO:

        22       There being no further business, the Senate

        23       stands adjourned until Monday, May 7th, at

        24       3:00 p.m., intervening days to be legislative

        25       days.


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         1                  (Whereupon, at 11:32 a.m., the

         2       Senate adjourned.)

         3

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