Regular Session - March 5, 2008
585
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 5, 2008
11 11:16 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR MICHAEL F. NOZZOLIO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
586
1 P R O C E E D I N G S
2 ACTING PRESIDENT NOZZOLIO: 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.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT NOZZOLIO: In
10 the absence of clergy, may we please bow our
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT NOZZOLIO:
15 Reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, March 4, the Senate met pursuant to
18 adjournment. The Journal of Monday, March 3,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT NOZZOLIO:
22 Without objection, the Journal stands approved
23 as read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
587
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 Skelos.
8 SENATOR SKELOS: Mr. President,
9 there's a Resolution 4548 at the desk by
10 Senator Young. If we could have it read in
11 its entirety and move for its immediate
12 adoption.
13 ACTING PRESIDENT NOZZOLIO:
14 Resolution 4548, by Senator Young. The
15 Secretary shall read.
16 THE SECRETARY: By Senator Young,
17 Legislative Resolution Number 4548,
18 congratulating the Fredonia Senior Little
19 League Girls Softball Team upon the occasion
20 of capturing the New York State Championship
21 for the second consecutive year.
22 "WHEREAS, Excellence and success in
23 competitive sports can be achieved only
24 through strenuous practice, team play and team
25 spirit, nurtured by dedicated coaching and
Candyco Transcription Service, Inc.
(518) 371-8910
588
1 strategic planning; and
2 "WHEREAS, Athletic competition
3 enhances the moral and physical development of
4 the young people of this state, preparing them
5 for the future by instilling in them the value
6 of teamwork, encouraging a standard of healthy
7 living, imparting a desire for success, and
8 developing a sense of fair play and
9 competition; and
10 "WHEREAS, Attendant to such
11 concern, and in full accord with its
12 long-standing traditions, it is the sense of
13 this Legislative Body to congratulate the
14 Fredonia Senior Little League Girls Softball
15 Team upon the occasion of capturing the
16 New York State Championship for the second
17 consecutive year; and
18 "WHEREAS, Every member of the
19 Fredonia Senior Little League Girls Softball
20 Team was a New York State champion last year,
21 either in Junior League or Senior League, and
22 have all been district and sectional champions
23 no less than four years each; and
24 "WHEREAS, Furthermore, many of the
25 girls on the Fredonia Senior Little League
Candyco Transcription Service, Inc.
(518) 371-8910
589
1 Girls Softball Team were on the Fredonia High
2 School Softball Team that finished second in
3 the 2007 New York State Class B Championships;
4 and
5 "WHEREAS, The athletic talent
6 displayed by this team is due in great part to
7 the efforts of Coaches John Arnold, John
8 Bongiovanni, David Ortolano, Ronald Wasik and
9 Richard Bartkowiak, skilled and inspirational
10 tutors who have done a superb job in guiding,
11 molding and inspiring the team members toward
12 their goals; and
13 "WHEREAS, Loyally and
14 enthusiastically supported by family, fans,
15 and friends, the Fredonia Senior Little League
16 Girls Softball Team have proven themselves to
17 be an unbeatable combination of talents,
18 reflecting favorably on their community; now,
19 therefore, be it
20 "RESOLVED, That this Legislative
21 Body pause in its deliberations to
22 congratulate the Fredonia Senior Little League
23 Girls Softball Team, its members -- Julie
24 Arnold, Mary Kate Bongiovanni, Katrina
25 Johnston, Mira Patel, Anne Wasik, Jenna Shaw,
Candyco Transcription Service, Inc.
(518) 371-8910
590
1 Laura Poweski, Maeghan Farnham, T'ana Abt,
2 Katie Bartkowiak, Chrissy Ortolano, Marah
3 Dahn, Marge Wronski, Keri Ketcham -- and
4 Coaches John Arnold, John Bongiovanni, David
5 Ortolano, Ronald Wasik and Richard Bartkowiak,
6 upon the occasion of capturing the New York
7 State Championship for the second consecutive
8 year; and be it further
9 "RESOLVED, That copies of this
10 resolution, suitably engrossed, be transmitted
11 to the Fredonia Senior Little League Girls
12 Softball Team and Coaches John Arnold, John
13 Bongiovanni, David Ortolano, Ronald Wasik and
14 Richard Bartkowiak."
15 ACTING PRESIDENT NOZZOLIO:
16 Senator Young, on the resolution.
17 SENATOR YOUNG: Thank you. On
18 the resolution.
19 I am so incredibly proud to stand
20 here today and see these fine young women who
21 have achieved so much. It was not easy for
22 them to get to Albany. The weather has been
23 bad; it's icy out west. They had to travel
24 over five hours to get here.
25 But the reason that they're here is
Candyco Transcription Service, Inc.
(518) 371-8910
591
1 because they are achievers. And by the way,
2 they had a tough time parking this morning
3 too.
4 (Laughter.)
5 SENATOR YOUNG: It also shows how
6 tenacious they are and how dedicated they are.
7 You know, we have some of the
8 finest young people in my Senate district, and
9 I believe that this team --
10 ACTING PRESIDENT NOZZOLIO:
11 Senator Young, would you excuse me, suffer an
12 interruption?
13 The house will come to order. The
14 chatter in the back of the room, please take
15 it outside.
16 SENATOR YOUNG: Thank you very
17 much, Senator.
18 But I am so incredibly proud of all
19 of their achievements. You know, it's not
20 easy to win in the way that they did. And
21 it's important to win, but it's also important
22 to learn all of the life lessons that they
23 have gained along the way as far as working
24 together, as far as doing your best, striving
25 your hardest. And that's really what it's all
Candyco Transcription Service, Inc.
(518) 371-8910
592
1 about.
2 So I congratulate you. I think
3 you're absolutely wonderful. I'm so proud to
4 represent you. And I wish you much success
5 now, but also in the future, because what
6 you've been able to accomplish is something
7 that you can take forward for the rest of your
8 lives.
9 I want to congratulate the coaches,
10 too, for the leadership and the guidance and
11 the support that you have given these young
12 women. You are absolutely fantastic.
13 And so I salute every single one of
14 you. Thank you.
15 ACTING PRESIDENT NOZZOLIO: Thank
16 you, Senator Young.
17 Anyone else wishing to speak on the
18 resolution?
19 The question is on the resolution.
20 All in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT NOZZOLIO:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT NOZZOLIO: The
Candyco Transcription Service, Inc.
(518) 371-8910
593
1 resolution is adopted.
2 (Applause.)
3 ACTING PRESIDENT NOZZOLIO: On
4 behalf on behalf of Senator Young and the
5 entire New York State Senate, we wish to
6 congratulate the Fredonia Senior Little League
7 Girls Softball Team.
8 Congratulations as our state
9 champions, that you are fine representatives
10 of your region and your generation. We're
11 very proud of you, as Senator Young has
12 stated. Congratulations.
13 (Applause.)
14 ACTING PRESIDENT NOZZOLIO:
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President.
17 ACTING PRESIDENT NOZZOLIO:
18 Senator Skelos.
19 SENATOR SKELOS: I have two
20 resolutions at the desk, 4550 and 4552. If we
21 could have the titles read and move for their
22 immediate adoption.
23 ACTING PRESIDENT NOZZOLIO: The
24 Secretary shall read.
25 THE SECRETARY: By Senator
Candyco Transcription Service, Inc.
(518) 371-8910
594
1 Skelos, Legislative Resolution Number 4550,
2 commending the New York State School Music
3 Association upon the occasion of hosting the
4 Annual New York State School Music Association
5 in Albany Day.
6 ACTING PRESIDENT NOZZOLIO: On
7 the resolution, all in favor signify by saying
8 aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT NOZZOLIO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT NOZZOLIO: The
14 resolution is adopted.
15 The Secretary shall read.
16 THE SECRETARY: By Senator
17 Skelos, Legislative Resolution Number 4552,
18 commemorating the 60th Anniversary of
19 Monsignor Edward J. Flanagan Squires Circle
20 Number 574 in Lynbrook, New York.
21 ACTING PRESIDENT NOZZOLIO: On
22 the resolution, all in favor signify by saying
23 aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT NOZZOLIO:
Candyco Transcription Service, Inc.
(518) 371-8910
595
1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT NOZZOLIO: The
4 resolution is adopted.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 there's a resolution at the desk, 4549, by
8 Senator DeFrancisco. If we could have it read
9 in its entirety and move for its immediate
10 adoption.
11 ACTING PRESIDENT NOZZOLIO: The
12 Secretary will read.
13 THE SECRETARY: By Senator
14 DeFrancisco, Legislative Resolution Number
15 4549, congratulating the West Genesee Varsity
16 Football Team upon the occasion of capturing
17 the New York State Class AA Championship.
18 "WHEREAS, Excellence and success in
19 competitive sports can be achieved only
20 through strenuous practice, team play and team
21 spirit, nurtured by dedicated coaching and
22 strategic planning; and
23 "WHEREAS, Athletic competition
24 enhances the moral and physical development of
25 the young people of this state, preparing them
Candyco Transcription Service, Inc.
(518) 371-8910
596
1 for the future by instilling in them the value
2 of teamwork, encouraging a standard of healthy
3 living, imparting a desire for success, and
4 developing a sense of fair play and
5 competition; and
6 "WHEREAS, It is the sense of this
7 Legislative Body to recognize and pay tribute
8 to those young people within the State of
9 New York who, achieving outstanding success in
10 athletic competition, have inspired and
11 brought pride to their school; and
12 "WHEREAS, This Legislative Body is
13 justly proud to congratulate the West Genesee
14 Varsity Football Team and Head Coach Steve
15 Bush upon the occasion of capturing the 2007
16 Class AA Championship; and
17 "WHEREAS, the West Genesee Varsity
18 Football Team enjoyed a truly outstanding
19 season, compiling an overall record of 11 wins
20 versus only two defeats, an impressive record
21 against a very difficult and competitive
22 schedule; and
23 "WHEREAS, The road to the state
24 title was not easy, but this team was able to
25 pull out many impressive victories throughout
Candyco Transcription Service, Inc.
(518) 371-8910
597
1 the year to lead them toward the sectionals
2 and eventually the state playoffs; and
3 "WHEREAS, To earn the right to play
4 in state competition, West Genesee first had
5 to prove that their season-long success would
6 carry them through sectional competition. On
7 November 3, 2007, West Genesee took the
8 Section III title by defeating a strong
9 Cicero-North Syracuse team, a team that had
10 defeated them on a last-second field goal
11 earlier in the season. In the sectional
12 championship game, they enacted revenge with a
13 last-second field goal of their own, to lead
14 the West Genesee Wildcats to their second
15 Section III title, the first since 1998; and
16 "WHEREAS, Having secured a
17 Section III title, it was on to the state
18 quarterfinals, where West Genny was matched
19 against the Section IV champions,
20 Union-Endicott, and the Wildcats were able to
21 win a defensive struggle, 21-7, at
22 Binghamton's Alumni Stadium; and
23 "WHEREAS, It was then on to the
24 state semifinal game at Paetec Park in
25 Rochester, against the previously undefeated
Candyco Transcription Service, Inc.
(518) 371-8910
598
1 Orchard Park Quakers from Section V, in a
2 hard-fought game with the Wildcats hanging on
3 to a 30-27 victory to advance to the state
4 title game; and
5 "WHEREAS, The Class AA State
6 Championship game was played at the Carrier
7 Dome on November 25, 2007, against previously
8 undefeated and number-one state-ranked
9 Monroe-Woodbury from Section IX. West Genesee
10 fell behind on the first drive, 7-0, but then
11 tied the score and eventually took the lead in
12 the first quarter and then never trailed
13 again, culminating in a 42-21 victory to claim
14 their first ever state championship; and
15 "WHEREAS, No team, no matter how
16 gifted one or a handful of its members may be,
17 can succeed without outstanding talent
18 throughout its entire roster. Such was the
19 case for the 2007 West Genesee Football Team,
20 whose players included Joe Kesler, Dave
21 Hildman, Matt McCabe, Joe Fazio, Ryan
22 McConnell, George Eunice, Jim Marks, James
23 Grecco, Nick Aiken, Tim Moran, Jeremy Jones,
24 Kyle Nojaim, Nick Collins, Pat Shanley, Mike
25 Carter, Jeremy Connors, Tim Town, Mike
Candyco Transcription Service, Inc.
(518) 371-8910
599
1 Simiele, Yaw Awuah, Mike Mercer, Ben Waldron,
2 Sirron Wright, Mike Delaney, Marcus Armstrong,
3 Josh Cruz, Tom Flynn, Will Furdyn, AJ Reese,
4 Scott Erikson, Nate Wells, Rich Longo, Mark
5 Ferguson, Nick Pedrotti, Christos Dimkos, Mike
6 Gagnon, Nick Cammuso, Nick Rinaldi, Kevin
7 Heron, Stefan Cavedine, Mike Severance, John
8 Gacek, Vinny Lamanna, Ossama Mere, Craig
9 Simmons, Ben Wysokowski, Stephen Pooler, Tony
10 Pedrotti, Doug Ayer, Jake Fietkiewicz, Dan
11 Kolinski, Jeff Mancuso, Kevin Petrick, Luke
12 Cometti, along with Team Managers Samantha
13 Cromp, Kelly Collins, Vanessa Mangovski and
14 Jessica Andrianos; and
15 "WHEREAS, The hard work and
16 dedication of the coaching staff -- Head Coach
17 Steve Bush and Assistants Joe Corley, John
18 Lawrence, Corey Brooks, Dana Eells and Jon
19 Paone -- throughout the entire year led to a
20 team that believed it could win the big games
21 and inspired a great spirit of teamwork and
22 commitment from all of the players; and
23 "WHEREAS, While football is a team
24 sport, special recognition from the title game
25 should be noted. Tim Moran was named Most
Candyco Transcription Service, Inc.
(518) 371-8910
600
1 Valuable Player, Stephen Pooler was named Most
2 Valuable Offensive Lineman, Dan Kolinski was
3 named Most Valuable Defensive Lineman, and
4 Nick Cammuso was given the Sportsmanship
5 Award; and
6 "WHEREAS, In addition to the
7 excellent play, hard work and teamwork of its
8 players, and the talent and dedication of
9 Coach Steve Bush and his staff, the West
10 Genesee Wildcats enjoyed another huge
11 advantage with a very supportive and
12 enthusiastic fan base of parents, cheerleaders
13 and area residents, particularly in the title
14 game, where thousands of fans were adorned
15 with the team's blue and gold colors in
16 support of their team; now, therefore, be it
17 "RESOLVED, That this Legislative
18 Body pause in its deliberations to
19 congratulate the West Genesee Varsity Football
20 Team on their successful team season and
21 overall team record, and upon the capture of
22 the 2007 Class AA Football Championship; and
23 be it further
24 "RESOLVED, That copies of this
25 resolution, suitably engrossed, be transmitted
Candyco Transcription Service, Inc.
(518) 371-8910
601
1 to the members of the 2007 West Genesee
2 Varsity Football Team and Coach Steve Bush."
3 ACTING PRESIDENT NOZZOLIO:
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Thank you,
6 Mr. President.
7 First I would like to mention that
8 sitting next to me is Senator George Maziarz
9 from Niagara Falls. The reason I mention that
10 is because he never brings a championship team
11 here, and it's a very sad thing.
12 (Laughter.)
13 SENATOR DeFRANCISCO: And in
14 order to get back at me today, when the
15 wonderful girls softball team was being
16 honored, he says, "Oh, no Syracuse today,
17 huh?" I said "No, they're next."
18 Because we've brought many
19 championship teams from Central New York here
20 to be honored by this wonderful body, the
21 New York State Senate. And the resolution
22 that you heard read will be a part of the
23 permanent record of this body.
24 And, you know, in reading the
25 resolution and in helping to prepare the
Candyco Transcription Service, Inc.
(518) 371-8910
602
1 resolution, it was really an interesting, very
2 difficult season where you lost by a field
3 goal and came back to beat the same team by a
4 field goal, last second, is that what
5 happened? It's unbelievable, to go on into
6 this championship year. That shows real guts,
7 real determination.
8 And I notice that you beat the
9 Union-Endicott team in Binghamton. And that's
10 precisely why Senator Libous is not in our
11 chambers today, because he's so embarrassed
12 about that loss because they thought they were
13 going to win.
14 (Laughter.)
15 SENATOR DeFRANCISCO: And you
16 also beat the team from Orchard Park, and
17 Senator Volker also didn't make the meeting
18 today. He's still in mourning from that game.
19 (Laughter.)
20 SENATOR DeFRANCISCO: No, they
21 congratulate you as well.
22 This is a wonderful tribute to all
23 of you, to the hard work, the determination.
24 And all of your names are in the complete
25 resolution, and we'll get all of you copies of
Candyco Transcription Service, Inc.
(518) 371-8910
603
1 that resolution.
2 So what I'll tell you lastly is
3 this. You are going to remember this the rest
4 of your life, being part of a team that did
5 something that very few teams do. Only one
6 does each year in each of the divisions.
7 You'll remember your friends, you'll be
8 friends with them forever.
9 So congratulations on the great
10 things you've done. And translate this
11 experience, the teamwork, during your
12 lifetime, and you're going to be winners at
13 everything you do.
14 So congratulations. And on behalf
15 of all the citizens of my district, we're all
16 very, very proud of you.
17 ACTING PRESIDENT NOZZOLIO: Thank
18 you, Senator DeFrancisco.
19 Anyone else wishing to be heard on
20 the resolution?
21 The question is on Senator
22 DeFrancisco's resolution honoring the New York
23 State Class AA champions, the West Genesee
24 Wildcats Football Team. All in favor signify
25 by saying aye.
Candyco Transcription Service, Inc.
(518) 371-8910
604
1 (Response of "Aye.")
2 ACTING PRESIDENT NOZZOLIO:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT NOZZOLIO: The
6 resolution is adopted.
7 Congratulations to the players and
8 coaches. That all of Central New York is
9 proud of West Genesee. If it could not be
10 Auburn winning the New York AA football title,
11 certainly we're glad that it's a neighbor.
12 And congratulations to all of you.
13 (Applause.)
14 ACTING PRESIDENT NOZZOLIO:
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 Resolution Number 4445, by Senator Robach, was
18 adopted on March 4th. If we could just have
19 the title read, to refresh everybody's
20 recollection, and then have it cosponsored by
21 the Senate.
22 If anybody wishes not to cosponsor
23 it, they should notify the deck.
24 ACTING PRESIDENT NOZZOLIO: Thank
25 you, Senator Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
605
1 The Secretary shall read.
2 THE SECRETARY: By Senator
3 Robach, Legislative Resolution Number 4445,
4 memorializing Governor Eliot Spitzer to
5 declare May 2008 as "Hepatitis C Awareness
6 Month" in the State of New York.
7 ACTING PRESIDENT NOZZOLIO:
8 Senator Robach.
9 SENATOR ROBACH: Yes,
10 Mr. President. I just wanted to add to the
11 resolution very, very quickly.
12 One of the important things that we
13 do here is our partnership with trying to keep
14 New Yorkers healthy. And while I love sports,
15 I want to take a moment on this hidden
16 disease, hepatitis C, equally as important.
17 We have some champions of
18 healthcare, the advocates of the Hepatitis C
19 Coalition, not only from Rochester, Long
20 Island, but across the state who are always
21 here advocating for not only a cure, research,
22 education, treatment, you name it. There have
23 really been some champions in helping remind
24 us and increasing public awareness on
25 sometimes what's called this hidden disease,
Candyco Transcription Service, Inc.
(518) 371-8910
606
1 hepatitis C.
2 So I not only want to commend
3 having this day and this resolution, but I
4 also want to especially thank the advocates
5 from across the state who work tirelessly
6 every day on behalf of trying to make this
7 disease more bearable and less acute for each
8 and every one of us as New Yorkers.
9 Thank you, Mr. President.
10 ACTING PRESIDENT NOZZOLIO: Thank
11 you, Senator Robach.
12 And the resolution was adopted on
13 March 4th.
14 Senator Skelos, Senator Farley has
15 a motion.
16 Senator Farley.
17 SENATOR FARLEY: It's nothing
18 personal. It's on behalf of Senator Volker.
19 Mr. President, on page 26 I offer
20 the following amendments to Calendar Number
21 324, Senate Print 6701, and I ask that that
22 will retain its place on the Third Reading
23 Calendar.
24 ACTING PRESIDENT NOZZOLIO: The
25 amendments are received and adopted, and the
Candyco Transcription Service, Inc.
(518) 371-8910
607
1 bill will retain its place on Third Reading
2 Calendar. Thank you.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 if we go to the noncontroversial reading of
6 the calendar.
7 ACTING PRESIDENT NOZZOLIO: The
8 Secretary shall read the noncontroversial
9 calendar.
10 THE SECRETARY: Calendar Number
11 72, by Senator Maltese, Senate Print 6688, an
12 act to amend the Civil Service Law, in
13 relation to independent hearing officers.
14 ACTING PRESIDENT NOZZOLIO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of March.
18 ACTING PRESIDENT NOZZOLIO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT NOZZOLIO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 133, by Senator Robach, Senate Print 4828, an
Candyco Transcription Service, Inc.
(518) 371-8910
608
1 act to amend the Workers' Compensation Law, in
2 relation to presumption.
3 ACTING PRESIDENT NOZZOLIO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT NOZZOLIO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT NOZZOLIO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 162, by Senator Padavan, Senate Print 1462, an
15 act to amend the Agriculture and Markets Law,
16 in relation to prohibiting.
17 ACTING PRESIDENT NOZZOLIO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 120th day.
21 ACTING PRESIDENT NOZZOLIO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 55.
25 ACTING PRESIDENT NOZZOLIO: The
Candyco Transcription Service, Inc.
(518) 371-8910
609
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 213, by Senator Maltese, Senate Print 6733, an
4 act to amend the General Municipal Law and the
5 Retirement and Social Security Law, in
6 relation to increasing.
7 ACTING PRESIDENT NOZZOLIO: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect July 1, 2008.
11 ACTING PRESIDENT NOZZOLIO: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT NOZZOLIO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 263, by Senator Alesi, Senate Print 34, an act
19 to amend the Business Corporation Law, in
20 relation to allowing homeowners associations.
21 ACTING PRESIDENT NOZZOLIO: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT NOZZOLIO: Call
Candyco Transcription Service, Inc.
(518) 371-8910
610
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT NOZZOLIO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 309, by Senator Rath, Senate Print 675B, an
8 act to amend the Penal Law and others, in
9 relation to establishing the offenses of
10 aggravated abuse.
11 ACTING PRESIDENT NOZZOLIO: Read
12 the last section.
13 THE SECRETARY: Section 24. This
14 act shall take effect immediately.
15 ACTING PRESIDENT NOZZOLIO: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT NOZZOLIO:
19 Announce the results.
20 THE SECRETARY: Ayes, 54. Nays,
21 1. Senator Duane recorded in the negative.
22 ACTING PRESIDENT NOZZOLIO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 315, by Senator Rath, Senate Print 2323A, an
Candyco Transcription Service, Inc.
(518) 371-8910
611
1 act to amend the Penal Law, in relation to the
2 crime of facilitating.
3 ACTING PRESIDENT NOZZOLIO: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT NOZZOLIO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55.
12 ACTING PRESIDENT NOZZOLIO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 373, by Senator Fuschillo, Senate Print 6548A,
16 an act to amend the General Business Law, in
17 relation to enacting.
18 ACTING PRESIDENT NOZZOLIO: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT NOZZOLIO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
Candyco Transcription Service, Inc.
(518) 371-8910
612
1 ACTING PRESIDENT NOZZOLIO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 393, by Senator Skelos, Senate Print 437, an
5 act to amend the Correction Law, in relation
6 to the duty of sex offenders.
7 ACTING PRESIDENT NOZZOLIO: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT NOZZOLIO: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT NOZZOLIO:
15 Senator Montgomery, why do you rise?
16 SENATOR MONTGOMERY: Yes, I would
17 like to explain my vote, Mr. President.
18 ACTING PRESIDENT NOZZOLIO:
19 Senator Montgomery, to explain her vote.
20 SENATOR MONTGOMERY: Yes. I
21 believe that this bill is to require that a
22 sex offender verify their address within 10
23 days, which I believe was already in law.
24 However, it doesn't give that
25 person an opportunity to rebut the charge of a
Candyco Transcription Service, Inc.
(518) 371-8910
613
1 violation if in fact they live in the same
2 place and for some reason the mail didn't get
3 to them or they didn't receive the mail.
4 So in fact, even if the person
5 continues to reside and does not receive the
6 mail, for whatever reason, they will be
7 charged with a violation.
8 So I'm going to oppose this bill,
9 because I think it's unfair to not allow a
10 person an opportunity to appeal a violation if
11 in fact they were not at fault.
12 So I'm going to vote no,
13 Mr. President.
14 ACTING PRESIDENT NOZZOLIO:
15 Senator Montgomery will be recorded in the
16 negative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Ayes, 54. Nays,
20 1. Senator Montgomery recorded in the
21 negative.
22 ACTING PRESIDENT NOZZOLIO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 398, by Senator Nozzolio, Senate Print 5450,
Candyco Transcription Service, Inc.
(518) 371-8910
614
1 an act to amend the Correction Law, in
2 relation to permitting correction officers.
3 ACTING PRESIDENT NOZZOLIO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT NOZZOLIO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT NOZZOLIO: The
12 bill is passed.
13 Senator Skelos, that completes the
14 reading of the noncontroversial calendar.
15 SENATOR SKELOS: Thank you.
16 Mr. President, is there any further
17 business at the desk?
18 ACTING PRESIDENT NOZZOLIO: There
19 is no housekeeping at the desk, Senator.
20 SENATOR SKELOS: There being no
21 none, I move we stand adjourned until Monday,
22 March 10th, at 3:00 p.m., intervening days
23 being legislative days.
24 ACTING PRESIDENT NOZZOLIO: On
25 motion, the Senate stands adjourned until
Candyco Transcription Service, Inc.
(518) 371-8910
615
1 Monday, March 10th, at 3:00 p.m., intervening
2 days being legislative days.
3 (Whereupon, at 11:39 a.m., the
4 Senate adjourned.)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910