Regular Session - March 11, 2008

                                                            634



         1

         2                  THE NEW YORK STATE SENATE

         3

         4                  THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 11, 2008

        11                       3:02 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR CATHARINE M. YOUNG, 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 YOUNG:    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 YOUNG:    The

        10       invocation today will be a moment of silence,

        11       in absence of clergy.  Please bow our heads.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT YOUNG:    Reading

        15       of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Monday, March 10, the Senate met pursuant to

        18       adjournment.  The Journal of Friday, March 7,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT YOUNG:    Without

        22       objection, the Journal stands approved as

        23       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, Madam

         9       President.

        10                  On behalf of Senator Lanza, on

        11       page 25 I offer the following amendments to

        12       Calendar Number 372, Senate Print 6281A, and I

        13       ask that that bill will retain its place on

        14       the Third Reading Calendar.

        15                  ACTING PRESIDENT YOUNG:    The

        16       amendments are received and adopted, and the

        17       bill will maintain its place on the Third

        18       Reading Calendar.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Madam President,

        21       if we could adopt the Resolution Calendar,

        22       with the exception of Resolutions 4607, 4619,

        23       4624, and 4654.

        24                  ACTING PRESIDENT YOUNG:    All in

        25       favor of adopting the Resolution Calendar,



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         1       with the exceptions noted, please signify by

         2       saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT YOUNG:    Opposed,

         5       nay.

         6                  (No response.)

         7                  ACTING PRESIDENT YOUNG:    The

         8       Resolution Calendar is adopted.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Madam President,

        11       if we could take up Resolution 4619, by

        12       Senator Maltese, have the title read and move

        13       for its immediate adoption.

        14                  ACTING PRESIDENT YOUNG:    The

        15       Secretary will read.

        16                  THE SECRETARY:    By Senator

        17       Maltese, Legislative Resolution Number 4619,

        18       commemorating the 97th Anniversary of the

        19       Triangle Shirtwaist Factory Fire on March 25,

        20       2008.

        21                  ACTING PRESIDENT YOUNG:    Senator

        22       Maltese.

        23                  SENATOR MALTESE:    Yes, Madam

        24       President.  I rise, as I do each year, to

        25       commemorate the anniversary of the Triangle



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         1       Shirtwaist Factory Fire.  This is the 97th

         2       anniversary since that day on March 25th in

         3       1911.

         4                  Many of us remember, many of us

         5       know from our history books that the fire laws

         6       in New York State and across the country were

         7       extremely lax.  And as the immigrants from

         8       came from the foreign shores, they were put

         9       into sweatshops.  The term "sweatshops"

        10       originated in many of the knitting factories

        11       that existed in our own City of New York and

        12       across the country.

        13                  And in these sweatshops the

        14       conditions were deplorable, even for those

        15       times.  The employees were locked in, there

        16       was very little air circulating, the hours

        17       were horrendous.  Many of the establishments

        18       indicated that if the employees did not come

        19       in on Sundays, they would not be able to work

        20       on Mondays, they would not be permitted to

        21       work.

        22                  I'd like to mention at this time my

        23       grandfather, Serafino, who I was named after.

        24       I use his example as an example of those who

        25       came over to this country to seek a better



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         1       life.

         2                  My grandfather was a shoemaker, and

         3       when he came over in 1904, he sent for his

         4       family after a year or two, where he was able

         5       to raise enough to bring his family here.  And

         6       we look at the plight of the immigrants of

         7       those times.  And my grandfather sent for his

         8       family, which was composed of his wife, his

         9       three daughters and his two sons.

        10                  And they came over, and on the ship

        11       coming over his little daughter Maria sickened

        12       on the ship coming over and perished at Ellis

        13       Island Hospital.  So he lost his first

        14       daughter, the one of three, in Ellis Island

        15       Hospital.  But he went on.

        16                  And settling on the Lower East Side

        17       of Manhattan, he did as so many other

        18       immigrants did, not only working himself long

        19       hours, seven days a week, but his wife and his

        20       two daughters went to work at the Triangle

        21       Factory -- his wife Caterina, his 17-year-old

        22       daughter Lucia, and his 14-year-old daughter

        23       Rosaria.

        24                  And they went to work, and they

        25       left for work on the morning of Saturday,



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         1       March 25, 1911, and he never saw them alive

         2       again.

         3                  The fire broke out, and nobody

         4       knows really what happened, but they speculate

         5       that it broke out in the knitting scraps and

         6       the material scraps that were on the sides of

         7       the floors.

         8                  The factory itself was on three

         9       stories.  The ninth story was the executive's

        10       floor.  And the executives did not -- when the

        11       fire broke out, they did not tell the workers

        12       on the bottom two floors.

        13                  An alarm was sent, but the fire

        14       ladders of the time reached only up to the

        15       sixth floor.  The workers ran for the fire

        16       escapes, but because they were inferior, they

        17       broke under the weight of the people trying to

        18       escape at the side of the building.  And many

        19       of the fire escapes fell to the alley floors,

        20       together with those unfortunates that were on

        21       them.

        22                  The majority of the people working

        23       there were Italian and Jewish immigrants,

        24       almost all of them.  One hundred forty-six

        25       perished, a majority of them women and young



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         1       girls.

         2                  The fire disabled the elevator, the

         3       crush of the women against the elevator

         4       disabled the elevator.  The remaining women,

         5       many of them tried to throw themselves down

         6       the elevator shafts.  Other women managed to

         7       reach the windows, but with the fire ladders

         8       reaching only the sixth floor, they were

         9       almost of no help.

        10                  One hundred forty-six women died,

        11       including my grandmother and two aunts.  I

        12       never knew them, but I knew my grandfather

        13       Serafino.  And he was a deeply religious man.

        14       He exemplifies the immigrants that came to

        15       this country.

        16                  As this fire was so horrendous, the

        17       loss of life so horrendous, it enabled the

        18       International Ladies' Garment Workers, which

        19       is now called UNITE today, to grow and to

        20       become a much stronger union and protect the

        21       employees and improve working conditions.

        22                  Many of the people involved went on

        23       to greater careers -- Robert Wagner, Sr., who

        24       headed the commission that investigated, went

        25       on to become the United States Senator.  Al



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         1       Smith, who was the vice chairman of the

         2       committee, went on to become the Governor of

         3       the State of New York.  Frances Perkins went

         4       on to become the Secretary of Labor, the first

         5       woman to serve as a secretary in a cabinet

         6       position.  All because of this fire.

         7                  Unfortunately, many of those

         8       similar conditions exist today.  Many of us as

         9       legislators are attempting to do something

        10       about the so-called sweatshop conditions that

        11       exist today with the new immigrants that are

        12       coming today.

        13                  Madam President, I offer this

        14       resolution -- my colleagues may join in -- in

        15       commemoration of all those 146 souls that lost

        16       their lives on March 25, 1911.  I vote aye.

        17                  ACTING PRESIDENT YOUNG:    Thank

        18       you, Senator Maltese.

        19                  The question is on the resolution.

        20       All in favor signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT YOUNG:    Opposed,

        23       nay.

        24                  (No response.)

        25                  ACTING PRESIDENT YOUNG:    The



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         1       resolution is carried.

         2                  At this time it is my great honor

         3       to introduce His Eminence, Edward Cardinal

         4       Egan, for the invocation.

         5                  ARCHBISHOP EGAN:    Thank you very

         6       much.

         7                  And, Senator Maltese, I go every

         8       year to the Triangle celebration and memorial

         9       in New York, and so I know exactly what you're

        10       talking about.  And I've never failed to give

        11       a talk on that occasion; I'm glad to hear

        12       you're doing the same.

        13                  Thank you very much for allowing me

        14       to be here.  And if we could take a moment for

        15       prayer.

        16                  Almighty and eternal Father, we

        17       place ourselves in Your presence.  We seek

        18       Your blessing.  We seek a blessing for the

        19       great State of New York, for all the citizens

        20       who make it up, who are struggling to live

        21       according to Your law and one day will find

        22       themselves in Your embrace for all eternity.

        23                  We pray for our Senators, for the

        24       members of our Assembly, and for all who are

        25       our political leaders here in this state.  May



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         1       they and their families have the blessing of

         2       Your constant care, for they are ever in Your

         3       love.

         4                  We ask You as well, O Lord, to care

         5       for those who are hurting in our state, those

         6       who are hungry or losing their homes, without

         7       jobs.  Those who are strangers, those who are

         8       ill, those who need our understanding, our

         9       compassion, our love.  May we have the courage

        10       to live up to Your expectation for our care

        11       for every human being, an image of You formed

        12       in Your likeness.

        13                  At this difficult moment in the

        14       history of our beloved state, we pray for our

        15       Governor, for his family, for his staff, and

        16       for all of us.  May we find our way through

        17       this difficulty and move forward to serve the

        18       people of this state as You would have them

        19       served, O Father, and to serve You well in

        20       each and every one of our days, in each and

        21       every one of our efforts.

        22                  This we ask with total trust and

        23       confidence, now and forever.

        24                  Amen.

        25                  ACTING PRESIDENT YOUNG:    We're



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         1       also very honored to be joined by Albany

         2       Diocese Bishop Howard Hubbard.  Thank you,

         3       Bishop.

         4                  Senator Skelos.

         5                  SENATOR SKELOS:    Madam President,

         6       there's a resolution at the desk, 4654, by

         7       Senator Farley.  If we could have it read in

         8       its entirety.

         9                  ACTING PRESIDENT YOUNG:    The

        10       Secretary will read.

        11                  THE SECRETARY:    By Senator

        12       Farley, Legislative Resolution Number 4654,

        13       celebrating the first apostolic visit to the

        14       United States of His Holiness Pope Benedict

        15       XVI.

        16                  "WHEREAS, The State of New York

        17       takes great pride in acknowledging visits from

        18       the world's most esteemed religious leaders;

        19       and

        20                  "WHEREAS, His Holiness Pope

        21       Benedict XVI, spiritual leader of the world's

        22       1.1 billion Catholics, is the 265th Pope; and

        23                  "WHEREAS, Pope Benedict will make

        24       his first apostolic visit to the United States

        25       April 15 through April 20, 2008; and



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         1                  "WHEREAS, The Holy Father will

         2       arrive in New York on April 18th; and

         3                  "WHEREAS, While in New York,

         4       Pope Benedict will speak before the United

         5       Nations, offer an ecumenical prayer service at

         6       St. Joseph's Church, a mass for priests,

         7       deacons, and members of religious orders at

         8       St. Patrick's Cathedral and a public mass at

         9       Yankee Stadium, attend a youth rally at

        10       St. Joseph's Seminary, and visit Ground Zero;

        11       and

        12                  "WHEREAS, The Holy Father was born

        13       Josef Alois Ratzinger on April 16, 1927, in

        14       Bavaria, Germany; and

        15                  "WHEREAS, Pope Benedict was

        16       ordained a priest in 1951, and earned a

        17       doctorate and licentiate in theology from the

        18       University of Munich in 1957; and

        19                  "WHEREAS, The Holy Father taught

        20       dogma and fundamental theology at the

        21       University of Freising from 1958 until 1959,

        22       the University of Bonn from 1959 until 1969,

        23       and the University of Munster from 1963 until

        24       1966, and

        25                  "WHEREAS, During the 1960s,



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         1       Pope Benedict also attended the Second Vatican

         2       Council as a theological consultant to the

         3       Archbishop of Cologne; and

         4                  "WHEREAS, From 1966 until 1969, the

         5       Holy Father served as chair of the department

         6       of dogmatic theology at the University of

         7       Tubingen.  He then returned to Bavaria and was

         8       appointed professor of dogma and the history

         9       of dogmas at the University of Regensburg,

        10       where he also served as vice president until

        11       1977; and

        12                  "WHEREAS, in 1969, Pope Benedict, a

        13       renowned theologian and author, was named" --

        14                  ACTING PRESIDENT YOUNG:    Excuse

        15       me.  We have some extra noises in the chamber.

        16       Could that cease and desist, please.  Thank

        17       you.  Proceed.

        18                  With our apologies, the Secretary

        19       will read.

        20                  THE SECRETARY:    And

        21                  "WHEREAS, In 1969, Pope Benedict, a

        22       renowned theologian and author, was named a

        23       member of the International Theological

        24       Commission; and

        25                  "WHEREAS, The Holy Father was



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         1       appointed Archbishop of Munich and Freising in

         2       1977.  He was named Cardinal later that year;

         3       and

         4                  "WHEREAS, On November 25, 1981,

         5       then-Pope John Paul II named Cardinal

         6       Ratzinger prefect of the Congregation for the

         7       Doctrine of Faith, as well as president of the

         8       Pontifical Biblical Commission and the

         9       International Theological Commission; and

        10                  "WHEREAS, On November 20, 2002,

        11       Pope John Paul II approved Cardinal

        12       Ratzinger's election as Dean of the College of

        13       Cardinals and gave him the title of

        14       Cardinal-Bishop of Ostia; and

        15                  "WHEREAS, Cardinal Ratzinger

        16       resigned as prefect of the Congregation for

        17       the Doctrine of Faith and prepared to

        18       participate in the Conclave to elect the next

        19       Pope upon the death of Pope John Paul II on

        20       April 2, 2005; and

        21                  "WHEREAS, on April 19, 2005,

        22       Cardinal Joseph Ratzinger was elected the

        23       265th Pope and the first German Pope in 948

        24       years; and

        25                  "WHEREAS, The Holy Father adopted



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         1       the name Benedict XVI, in honor of

         2       St. Benedict and of Pope Benedict XV; and

         3                  "WHEREAS, Pope Benedict has

         4       authored two papal encyclicals, God is Love

         5       and Saved by Hope; and

         6                  "WHEREAS, New York State and,

         7       indeed, the entire nation is pleased to

         8       welcome Pope Benedict XVI upon his first

         9       apostolic visit to the United States; now,

        10       therefore, be it

        11                  "RESOLVED, That this Legislative

        12       Body pause in under the circumstances

        13       deliberations to celebrate the first apostolic

        14       visit of Pope Benedict XVI; and be it further

        15                  "RESOLVED, That copies of this

        16       resolution, suitably engrossed, be transmitted

        17       to His Holiness Pope Benedict XVI and the

        18       New York State Catholic Conference."

        19                  ACTING PRESIDENT YOUNG:    Could we

        20       please have some order in the chamber.

        21                  Senator Farley.

        22                  SENATOR FARLEY:    Thank you, Madam

        23       President.

        24                  Let me just say that this

        25       resolution, which will be sent to Pope



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         1       Benedict -- we're truly honored to have the

         2       Cardinal come visit us and to offer his

         3       prayer.  We're also honored to have the bishop

         4       of Albany, Senator -- Bishop Hubbard with us.

         5                  And let me just say that this

         6       resolution is open to every member of the

         7       Senate.  If you wish not to be a sponsor,

         8       please notify the desk.  Thank you very much.

         9                  And, Madam President, I don't know

        10       where all that noise is coming from that

        11       speaker, but thank you for allowing this

        12       resolution to be read.

        13                  ACTING PRESIDENT YOUNG:    Thank

        14       you, Senator Farley.

        15                  The question is on the resolution.

        16       All in favor signify by saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT YOUNG:    Opposed,

        19       nay.

        20                  (No response.)

        21                  ACTING PRESIDENT YOUNG:    The

        22       resolution is carried.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Madam President,

        25       there's a Resolution 4624 at the desk, by



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         1       Senator Maziarz.  If we could have the title

         2       read and move for its immediate adoption.

         3                  ACTING PRESIDENT YOUNG:    The

         4       Secretary will read.

         5                  THE SECRETARY:    By Senator

         6       Maziarz, Legislative Resolution Number 4624,

         7       commemorating the 200th Anniversary of Niagara

         8       County, New York.

         9                  ACTING PRESIDENT YOUNG:    Senator

        10       Maziarz.

        11                  SENATOR MAZIARZ:    Thank you very

        12       much, Madam President.

        13                  I proudly stand here today on this,

        14       the anniversary, March 11, 2008, of the

        15       formation of the County of Niagara on

        16       March 11, 1808.

        17                  And this evening, in the county

        18       legislative chambers in the City of Lockport,

        19       the county legislature will have a ceremonial

        20       reenactment of the first legislative meeting

        21       held in the new County of Niagara.

        22                  Niagara County was formed out of

        23       what was then Genesee County in Western

        24       New York.  It's become a worldwide attraction.

        25       It's been my home for my entire life.  It's a



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         1       great place to live, work.

         2                  And we just wanted to go on record

         3       as officially congratulating the County of

         4       Niagara on its 200th anniversary.

         5                  Thank you, Madam President.

         6                  ACTING PRESIDENT YOUNG:    Thank

         7       you, Senator Maziarz.  And congratulations to

         8       Niagara County on 200 years of success.

         9                  SENATOR MAZIARZ:    Thank you.

        10                  ACTING PRESIDENT YOUNG:    The

        11       question is on the resolution.  All in favor

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT YOUNG:    Opposed,

        15       nay.

        16                  (No response.)

        17                  ACTING PRESIDENT YOUNG:    The

        18       resolution is carried.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Madam President,

        21       Senator Thompson has a resolution at the desk,

        22       4607.  If we could have the title read and

        23       move for its immediate adoption.

        24                  ACTING PRESIDENT YOUNG:    The

        25       Secretary will read.



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         1                  THE SECRETARY:    By Senator

         2       Thompson, Legislative Resolution Number 4607,

         3       commemorating the 116th Anniversary of the

         4       City of Niagara Falls, New York, to be

         5       celebrated on Friday, March 14, 2008.

         6                  ACTING PRESIDENT YOUNG:    Senator

         7       Thompson, on the resolution.

         8                  SENATOR THOMPSON:    Thank you,

         9       Madam President.

        10                  I'd just like to say a few brief

        11       remarks about a very, very good city, the City

        12       of Niagara Falls.  Some people call it the

        13       honeymoon capital of the world.  And this

        14       Friday, we will celebrate the 116th

        15       anniversary of the city.

        16                  I really enjoy representing the

        17       city.  It's resurging.  And I just hope that

        18       people will come out to the city of

        19       Niagara Falls and really continue to support

        20       other efforts to revitalize not only

        21       Niagara Falls but other upstate communities,

        22       big cities and small cities and towns as well.

        23                  Thank you.

        24                  ACTING PRESIDENT YOUNG:    Thank

        25       you, Senator Thompson.



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         1                  The question is on the resolution.

         2       All in favor signify by saying aye.

         3                  (Response of "Aye.")

         4                  ACTING PRESIDENT YOUNG:    Opposed,

         5       nay.

         6                  (No response.)

         7                  ACTING PRESIDENT YOUNG:    The

         8       resolution is carried.

         9                  Senator Maltese.

        10                  SENATOR MALTESE:    Yes, Madam

        11       President.  I am speaking in connection with

        12       Resolutions 4612 to 4616.

        13                  As many of my colleagues know, I

        14       have the honor of being chairman of the board,

        15       for the last 30 years, of the Christ the King

        16       Regional High School.  We have today a group

        17       from Christ the King High School.

        18                  They are accompanying their

        19       principal, Peter Mannarino; the math coach,

        20       Mr. Richard Hartman; Alice Wenz, our executive

        21       secretary; and Helena Mannarino, the captain

        22       of the math team.

        23                  They entered a contest for the

        24       recitation of the most figures of pi.  We are

        25       fortunate that Mr. Hartman, one of our



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         1       instructors and the math team coordinator, can

         2       take it to the thousandth number by memory.

         3       Because of this, and because of his example

         4       also in the chemical elements, he has

         5       inaugurated a contest where the students are

         6       eligible from the entire school, 40 math

         7       classes, to enter.

         8                  And we have here the winners of

         9       that contest.  Taking first place, Alvin

        10       DeLeon, a senior; Makita Ellis, a freshman;

        11       Quincey Martin-Chapman, a freshman.  That's

        12       first, second and third place for the contest

        13       of pi.

        14                  In the chemical elements contest,

        15       Alvin DeLeon again, first place in the

        16       contest -- if they would stand as I had said

        17       their names -- Juliana L. Daxland, a freshman;

        18       and Julia Coltrinari, a senior.

        19                  I commend them, I ask my colleagues

        20       to commend them.  Our Senate resolution has

        21       commended their efforts.  Congratulations.

        22                  And I vote aye on the resolution.

        23                  ACTING PRESIDENT YOUNG:    Thank

        24       you, Senator Maltese.

        25                  And we welcome this fine young



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         1       group of young people and their mentors.

         2       Congratulations on doing just such a great

         3       job, especially in the area of math.  Keep up

         4       the great work and enjoy your day here in

         5       Albany.

         6                  (Applause.)

         7                  ACTING PRESIDENT YOUNG:    Senator

         8       Skelos.

         9                  SENATOR SKELOS:    Madam President,

        10       if we could go to the noncontroversial reading

        11       of the calendar.

        12                  ACTING PRESIDENT YOUNG:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Calendar Number

        15       217, by Senator Maziarz, Senate Print 1630A,

        16       an act to amend Part E2 of Chapter 62 of the

        17       Laws of 2003.

        18                  ACTING PRESIDENT YOUNG:    Read the

        19       last section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT YOUNG:    Call the

        23       roll.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 53.



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         1                  ACTING PRESIDENT YOUNG:    The bill

         2       is passed.

         3                  THE SECRETARY:    Calendar Number

         4       273, by Senator DeFrancisco, Senate Print

         5       4391B, an act to amend the Executive Law, in

         6       relation to designation.

         7                  ACTING PRESIDENT YOUNG:    Read the

         8       last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect on the 30th day.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 53.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  THE SECRETARY:    Calendar Number

        18       287, by Senator Robach, Senate Print 2024, an

        19       act to amend the General Municipal Law, in

        20       relation to increasing.

        21                  ACTING PRESIDENT YOUNG:    Read the

        22       last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT YOUNG:    Call the



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         1       roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 52.  Nays,

         4       2.  Senators Duane and Padavan recorded in the

         5       negative.

         6                  ACTING PRESIDENT YOUNG:    The bill

         7       is passed.

         8                  THE SECRETARY:    Calendar Number

         9       337, by Senator Bonacic, Senate Print 480, an

        10       act to amend the Vehicle and Traffic Law, in

        11       relation to approaching.

        12                  ACTING PRESIDENT YOUNG:    Read the

        13       last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the 120th day.

        16                  ACTING PRESIDENT YOUNG:    Call the

        17       roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 54.

        20                  ACTING PRESIDENT YOUNG:    The bill

        21       is passed.

        22                  THE SECRETARY:    Calendar Number

        23       342, by Senator Rath, Senate Print 6184, an

        24       act to amend the Vehicle and Traffic Law, in

        25       relation to permitting.



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         1                  ACTING PRESIDENT YOUNG:    Read the

         2       last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT YOUNG:    Call the

         6       roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 55.

         9                  ACTING PRESIDENT YOUNG:    The bill

        10       is passed.

        11                  THE SECRETARY:    Calendar Number

        12       347, by Senator Little, Senate Print 5368, an

        13       act to amend the General Municipal Law, in

        14       relation to posting copies.

        15                  ACTING PRESIDENT YOUNG:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT YOUNG:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 55.

        23                  ACTING PRESIDENT YOUNG:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       353, by Senator Marcellino, Senate Print 5760,

         2       an act in relation to requiring the

         3       Commissioner of Mental Retardation and

         4       Developmental Disabilities.

         5                  ACTING PRESIDENT YOUNG:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT YOUNG:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 55.

        13                  ACTING PRESIDENT YOUNG:    The bill

        14       is passed.

        15                  THE SECRETARY:    Calendar Number

        16       356, by Senator Morahan, Senate Print 6819, an

        17       act to amend the Mental Hygiene Law, in

        18       relation to the establishment.

        19                  ACTING PRESIDENT YOUNG:    Read the

        20       last section.

        21                  THE SECRETARY:    Section 2.  This

        22       act shall take effect on the 180th day.

        23                  ACTING PRESIDENT YOUNG:    Call the

        24       roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 55.

         2                  ACTING PRESIDENT YOUNG:    The bill

         3       is passed.

         4                  THE SECRETARY:    Calendar Number

         5       391, by Senator Alesi, Senate Print 266, an

         6       act to amend the Correction Law, in relation

         7       to restricting.

         8                  ACTING PRESIDENT YOUNG:    Read the

         9       last section.

        10                  THE SECRETARY:    Section 2.  This

        11       act shall take effect on the first of

        12       November.

        13                  ACTING PRESIDENT YOUNG:    Call the

        14       roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Those recorded in

        17       the negative on Calendar Number 391 are

        18       Senators Duane, Montgomery and Perkins.  Also

        19       Senator Hassell-Thompson.

        20                  Ayes, 52.  Nays, 4.

        21                  ACTING PRESIDENT YOUNG:    The bill

        22       is passed.

        23                  THE SECRETARY:    Calendar Number

        24       402, by Senator Saland, Senate Print 1087A, an

        25       act to amend the Family Court and others, in



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         1       relation to including.

         2                  ACTING PRESIDENT YOUNG:    Read the

         3       last section.

         4                  THE SECRETARY:    Section 5.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT YOUNG:    Call the

         7       roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 56.

        10                  ACTING PRESIDENT YOUNG:    The bill

        11       is passed.

        12                  THE SECRETARY:    Calendar Number

        13       418, by Senator DeFrancisco, Senate Print

        14       2421, an act to amend the Penal Law, in

        15       relation to expanding.

        16                  ACTING PRESIDENT YOUNG:    Read the

        17       last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of

        20       November.

        21                  ACTING PRESIDENT YOUNG:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 56.

        25                  ACTING PRESIDENT YOUNG:    The bill



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         1       is passed.

         2                  THE SECRETARY:    Calendar Number

         3       423, by Senator Young, Senate Print 3245, an

         4       act to amend the Penal Law, in relation to

         5       establishing.

         6                  ACTING PRESIDENT YOUNG:    Read the

         7       last section.

         8                  THE SECRETARY:    Section 4.  This

         9       act shall take effect on the first of

        10       November.

        11                  ACTING PRESIDENT YOUNG:    Call the

        12       roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 56.

        15                  ACTING PRESIDENT YOUNG:    The bill

        16       is passed.

        17                  That completes the noncontroversial

        18       reading of the calendar, Senator Skelos.

        19                  SENATOR SKELOS:    Madam President,

        20       is there any further business at the desk?

        21                  ACTING PRESIDENT YOUNG:    No,

        22       there is not.

        23                  SENATOR SKELOS:    There will be a

        24       conference of the Majority at 4:00 p.m. in the

        25       Majority Conference Room.



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         1                  And there being no further

         2       business, I move we stand adjourned until

         3       Wednesday, March 12th, at 3:00 p.m.

         4                  ACTING PRESIDENT YOUNG:    There

         5       will be a conference of the Majority at 4 p.m.

         6       in the Majority Conference Room.

         7                  On motion, the Senate stands

         8       adjourned until Wednesday, March 12th, at

         9       3:00 p.m.

        10                  (Whereupon, at 3:32 p.m., the

        11       Senate adjourned.)

        12

        13

        14

        15

        16

        17

        18

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        20

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