Regular Session - May 28, 2008

                                                            2461



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 28, 2008

        11                       3:03 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOHN J. BONACIC, 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 BONACIC:    The

         3       Senate will come to order.

         4                  I ask everyone present to rise and

         5       repeat with me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BONACIC:    The

         9       invocation today will be given by Reverend

        10       Paul Bannister, who is pastor of the

        11       Lighthouse Baptist Church in Utica.

        12                  REVEREND BANNISTER:    Let's bow

        13       for prayer.

        14                  Dear heavenly Father, we do thank

        15       You for this opportunity, Lord, and thank You

        16       for the privilege and the freedoms that we

        17       have to be able to come and petition our cause

        18       before You.

        19                  I do pray for each person in here,

        20       Father, especially, Lord, for the Senators as

        21       they make decisions.  Lord, I pray that

        22       they'll be pleasing to You.  Please be with

        23       their families and, Lord, keep them safe,

        24       Lord, as they travel.

        25                  And, Lord, we just thank You for



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         1       the opportunities, Lord, that we have to come

         2       before You for every cause.  Please let Your

         3       will be done, Lord, in this house.

         4                  And we ask these things in Jesus'

         5       name.  Amen.

         6                  ACTING PRESIDENT BONACIC:    Thank

         7       you, Reverend.

         8                  The reading of the Journal.

         9                  THE SECRETARY:    In Senate,

        10       Tuesday, May 27, the Senate met pursuant to

        11       adjournment.  The Journal of Monday, May 26,

        12       was read and approved.  On motion, Senate

        13       adjourned.

        14                  ACTING PRESIDENT BONACIC:

        15       Without objection, the Journal stands approved

        16       as read.

        17                  Presentation of petitions.

        18                  Messages from the Assembly.

        19                  Messages from the Governor.

        20                  Reports of standing committees.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Senator

        23       DeFrancisco, from the Committee on Judiciary,

        24       reports the following nominations.

        25                  As a justice of the Supreme Court



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         1       of the First Judicial District, Honorable

         2       Shirley W. Kornreich, of New York City.

         3                  ACTING PRESIDENT BONACIC:    I call

         4       on Senator DeFrancisco.

         5                  SENATOR DeFRANCISCO:    Yes,

         6       Mr. President.

         7                  We had a Judiciary Committee

         8       meeting today, and prior to that meeting,

         9       there was a thorough review of each of the

        10       nominations that were sent to us by Governor

        11       Paterson.  And each of the individuals were

        12       found to be well qualified, and all passed

        13       unanimously to the full house from the

        14       Judiciary Committee to consider the

        15       nomination.

        16                  And with respect to the first

        17       nominee, Honorable Shirley W. Kornreich, of

        18       New York City, as a justice of the Supreme

        19       Court of the First Judicial District, I would

        20       move that nomination.

        21                  ACTING PRESIDENT BONACIC:    Any

        22       Senator wishing to be heard?

        23                  Senator Duane.

        24                  SENATOR DUANE:    Thank you,

        25       Mr. President.



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         1                  I'm very pleased to second the

         2       nomination of Shirley Kornreich.  She's an

         3       outstanding judge and will really do a fine

         4       job, I'm sure, as a member of the Supreme

         5       Court from the First Judicial District.

         6                  And I'm pleased and honored to be

         7       able to second her nomination.

         8                  ACTING PRESIDENT BONACIC:

         9       Senator Perkins.

        10                  SENATOR PERKINS:    Mr. President,

        11       I just want to take a moment to express my

        12       support for this nomination.

        13                  I have had the honor of knowing

        14       this nominee from when she was a civil court

        15       judge in Manhattan, in New York County.  And

        16       since then, she's become an acting Supreme

        17       Court judge.

        18                  And what's even more extraordinary

        19       about her service is her story, her family's

        20       story, which is an American success story, so

        21       to speak, in which they have met many

        22       challenges, overcome many challenges, and make

        23       us all proud to see how up the ladder of

        24       success she and her family have come from

        25       humble beginnings to now be at a point where



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         1       they can share their gifts for the people of

         2       the State of New York.

         3                  And so I'm honored to be here as a

         4       fellow Manhattanite, wishing her good luck and

         5       appreciating what she has done and

         6       congratulating the Governor on this

         7       nomination.

         8                  ACTING PRESIDENT BONACIC:    Thank

         9       you, Senator Perkins.

        10                  Senator Krueger.

        11                  SENATOR LIZ KRUEGER:    Thank you,

        12       Mr. President.  I also just stand to rise

        13       briefly to congratulate Judge Shirley

        14       Kornreich on her, I guess, promotion by the

        15       Governor.

        16                  She is a well-known and respected

        17       member of the judiciary from Manhattan Island

        18       who I've had the chance to meet any number of

        19       times over the years, and I'm delighted that

        20       Governor Paterson has seen fit to nominate her

        21       to be moved today by this chamber.

        22                  Thank you, Mr. President.

        23                  ACTING PRESIDENT BONACIC:    Thank

        24       you, Senator Krueger.

        25                  Anyone else wishing to be heard?



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         1                  The question is on the nomination

         2       of Shirley W. Kornreich, of New York City, as

         3       a justice of the Supreme Court.  All in favor

         4       signify by saying aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT BONACIC:    Anyone

         7       opposed say nay.

         8                  (No response.)

         9                  ACTING PRESIDENT BONACIC:

        10       Justice Shirley Kornreich, congratulations.

        11       You are hereby confirmed as a justice of the

        12       Supreme Court of the First Judicial District.

        13                  (Applause.)

        14                  ACTING PRESIDENT BONACIC:    I

        15       noticed among those who were clapping the

        16       loudest was her husband, Edward.  She's also

        17       joined by her children, Mollie, Davida, and

        18       Larry; mother, Dina Werner; and mother-in-law,

        19       Selma Kornreich.

        20                  Congratulations, and thank you all

        21       for being here.

        22                  (Applause.)

        23                  ACTING PRESIDENT BONACIC:    The

        24       Secretary will read.

        25                  THE SECRETARY:    As a judge of the



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         1       Otsego County Court, Jill Ghaleb, of

         2       Cooperstown.

         3                  ACTING PRESIDENT BONACIC:

         4       Senator DeFrancisco.

         5                  SENATOR DeFRANCISCO:    Thank you,

         6       Mr. President.

         7                  I rise to move the nomination of

         8       Jhilmil (Jill) Ghaleb, of Cooperstown, as a

         9       judge of the Otsego County Court.  And I'd

        10       request that you call on Senator Seward for a

        11       second.

        12                  ACTING PRESIDENT BONACIC:

        13       Senator Seward.

        14                  SENATOR SEWARD:    Thank you,

        15       Senator DeFrancisco and Mr. President.  I rise

        16       in support of this nomination, and to second

        17       it.

        18                  The system that we have in Otsego

        19       County, we have two county judges, and they

        20       are three-hatted judges.  Our County Court

        21       judge handles County Court, the Surrogate's

        22       Court and Family Court.  And last fall one of

        23       our county judges was elected to the Supreme

        24       Court.  Thus, we have a vacancy.

        25                  And there is a heavy caseload in



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         1       the Otsego County Court, and the Governor has

         2       nominated Jill Ghaleb to fill the vacancy

         3       until an election can be held.  And in light

         4       of the fact that we have that heavy caseload

         5       and the Governor has made this nomination, I

         6       stand in support of her confirmation here

         7       today.

         8                  Jill Ghaleb was educated at Utica

         9       College and then went on to New York Law

        10       School, passed the bar on her first attempt in

        11       July of 1990, and since that time has been in

        12       private practice in Central New York.

        13                  And also, in addition to her

        14       professional career, she and her husband have

        15       been very active in the community, serving in

        16       many community organizations and being

        17       supportive of many community organizations.

        18                  I stand to congratulate you, Jill,

        19       upon assuming this post, as well as your proud

        20       husband, Dr. Ghaleb, and your parents,

        21       Dr. Bishu and Gouri Dey, as well as your

        22       mother-in-law, Samira Foster.

        23                  Congratulations.  And we need you

        24       on the Otsego County bench to fill the year to

        25       take care of that heavy caseload.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT BONACIC:    Thank

         3       you, Senator Seward.

         4                  Anyone else wishing to be heard?

         5                  The question is on the nomination

         6       of Jill Ghaleb as a judge of Oswego [sic]

         7       County Court.  All in favor signify by saying

         8       aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT BONACIC:

        11       Opposed, nay.

        12                  (No response.)

        13                  ACTING PRESIDENT BONACIC:    Jill

        14       Ghaleb is confirmed as a judge of the Otsego

        15       County Court.  She is joined by her husband,

        16       Dr. Hany Ghaleb; her parents, Dr. Bishu and

        17       Gouri Dey; and her mother-in-law, Samira

        18       Foster.

        19                  Congratulations to you, Your Honor.

        20                  (Applause.)

        21                  SENATOR DeFRANCISCO:    Mr.

        22       President, I just wanted to clarify the

        23       record.  It's Otsego County Court.  We don't

        24       want to send her to the wrong courthouse.

        25                  (Laughter.)



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         1                  ACTING PRESIDENT BONACIC:    Thank

         2       you, Senator DeFrancisco.

         3                  Senator DeFrancisco, you're up.

         4                  SENATOR DeFRANCISCO:    Thank you.

         5                  I now move the nomination of

         6       Stephen R. Hunter, of Chester, as a judge of

         7       the Orange County Surrogate Court.

         8                  ACTING PRESIDENT BONACIC:    The

         9       Secretary will read.

        10                  THE SECRETARY:    As a judge of

        11       Orange County Surrogate Court, Honorable

        12       Stephen R. Hunter, of Chester.

        13                  ACTING PRESIDENT BONACIC:    Is

        14       there any Senator wishing to be heard?

        15                  The question is on the nomination

        16       of Stephen R. Hunter as a judge of the Orange

        17       County Surrogate Court.  All in favor signify

        18       by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT BONACIC:    Anyone

        21       opposed?

        22                  (No response.)

        23                  ACTING PRESIDENT BONACIC:

        24       Senator DeFrancisco, why do you rise?

        25                  SENATOR DeFRANCISCO:    Mr.



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         1       President, since you are there presiding this

         2       afternoon, I did want to mention a little bit

         3       about Mr. Hunter, who is from your district,

         4       concerning his qualifications.

         5                  As was mentioned by Senator Volker

         6       during our committee meeting, Mr. Hunter has

         7       the unique background of being a mechanical

         8       engineer and then going on to law school.

         9       Only the finest lawyers started off as

        10       engineers, and I can speak very clearly about

        11       that from personal experience.

        12                  In addition, his resume is full of

        13       all types of appointments and public

        14       service -- school board, town board, town

        15       justice, village justice, and it goes on and

        16       on and on.

        17                  He's the type of individual I

        18       believe that has that broad cross-section of

        19       background and experience that will make an

        20       excellent Surrogate Court judge.  And I would

        21       request that -- I'm sure that it will happen

        22       anyway, but I think he's well deserving of a

        23       unanimous vote for confirmation.

        24                  ACTING PRESIDENT BONACIC:    Thank

        25       you, Senator DeFrancisco.



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         1                  I joined in your accolades at the

         2       Judiciary Committee with respect to our friend

         3       Stephen Hunter.

         4                  Again, the question is on the

         5       nomination for Stephen Hunter.  All in favor

         6       signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT BONACIC:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT BONACIC:    It is

        12       now confirmed, Stephen R. Hunter is a judge of

        13       the Orange County Surrogate Court.

        14                  He's joined by his wife Anne;

        15       daughter, Elizabeth Hunter; and son-in-law,

        16       Brett Broge.

        17                  Steve, congratulations.

        18                  (Applause.)

        19                  ACTING PRESIDENT BONACIC:    The

        20       Secretary will read.

        21                  THE SECRETARY:    As a judge of the

        22       Court of Claims, O. Peter Sherwood, of

        23       New Rochelle.

        24                  ACTING PRESIDENT BONACIC:

        25       Senator DeFrancisco.



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         1                  SENATOR DeFRANCISCO:    Mr.

         2       President, I move the nomination of O. Peter

         3       Sherwood, of New Rochelle, as a judge of the

         4       Court of Claims.

         5                  And I'd just like to note that we

         6       haven't seen each other for probably a long

         7       time -- I won't give the number of years --

         8       but as we were talking earlier today, we

         9       realized that we took the New York State bar

        10       examination in the same building back in 1971

        11       or thereabouts.

        12                  So he's no doubt well qualified,

        13       having passed the bar examination from that

        14       venue.  And I would move his nomination.

        15                  ACTING PRESIDENT BONACIC:    Thank

        16       you, Senator DeFrancisco.

        17                  Anyone else wishing to be heard?

        18                  Senator Hassell-Thompson.

        19                  SENATOR HASSELL-THOMPSON:    Thank

        20       you.

        21                  I too, as a member of the Judiciary

        22       Committee, want to congratulate the Governor

        23       again on the wonderful nominations that he has

        24       sent to our committee for confirmation.  And

        25       certainly in the case of each of the



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         1       candidates, they are very worthy.

         2                  I wanted to just second the

         3       nomination of O. Peter Sherwood.  And Peter

         4       Sherwood has been a -- his history is really

         5       Brooklyn, and so that as he talked this

         6       morning, everyone was giving him the accolades

         7       of New York.  But I shared with him the fact

         8       that he failed to recognize the Westchester

         9       roots that he has as well.

        10                  And so as a representative of

        11       Westchester County, I wanted to be a part of

        12       this congratulations of new Judge Sherwood for

        13       a post to which he is more than qualified and

        14       worthy to serve.

        15                  Thank you, Mr. President.

        16                  ACTING PRESIDENT BONACIC:    Thank

        17       you, Senator Hassell-Thompson.

        18                  Senator Sabini.

        19                  SENATOR SABINI:    Thank you,

        20       Mr. President.

        21                  I too wanted to congratulate the

        22       Governor on his nomination of Peter Sherwood

        23       for the Court of Claims.

        24                  I had the privilege of serving on

        25       the City Council's Governmental Operations



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         1       Committee of New York City, which had

         2       jurisdiction over the city's Department of Law

         3       when Mr. Sherwood was the corporation counsel.

         4       Which, for those who are outside the city, is

         5       the commissioner of the Department of Law.

         6       And he served with grace and style and

         7       efficiency that served New York City well.  We

         8       lost him back to Westchester.

         9                  But I am sure he'll make a fine

        10       judge of the Court of Claims, and I'll be

        11       voting in favor.

        12                  Thank you.

        13                  ACTING PRESIDENT BONACIC:    Thank

        14       you, Senator Sabini.

        15                  Anyone else wishing to be heard?

        16                  The question is on the nomination

        17       of O. Peter Sherwood, of New Rochelle, as a

        18       judge of the Court of Claims.  All in favor

        19       signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT BONACIC:    Those

        22       opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT BONACIC:    O.

        25       Peter Sherwood is hereby confirmed as a judge



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         1       of the Court of Claims.

         2                  He's joined by his wife, Ruby, and

         3       his partner, Marcia Alazraki.

         4                  Congratulations, Your Honor.

         5                  (Applause.)

         6                  ACTING PRESIDENT BONACIC:    The

         7       Secretary will read the report of the Finance

         8       Committee, please.

         9                  THE SECRETARY:     Senator O.

        10       Johnson, from the Committee on Finance,

        11       reports the following nominations.

        12                  As a member of the Buffalo and Fort

        13       Erie Public Bridge Authority-Peace Bridge,

        14       Paul J. Koessler, of Buffalo.

        15                  As a member of the Small Business

        16       Advisory Board, Richard M. Bivone, of East

        17       Meadow.

        18                  As members of the Medical Advisory

        19       Committee, Elena Padilla, of New Rochelle;

        20       Robert A. Schwartz, M.D., of Manilus; and

        21       Buddhi M. Shrestha, of Rochester.

        22                  As a member of the Advisory Council

        23       on Alcoholism and Substance Abuse Services,

        24       Robert A. Ross, of East Chatham.

        25                  As members of the Council on Human



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         1       Blood and Transfusion Services, Lazaro

         2       Generoso Rosales, M.D., of Fayetteville, and

         3       Donna Skerrett, M.D., of Mount Vernon.

         4                  As a member of the Board of

         5       Visitors of the Finger Lakes Developmental

         6       Disabilities Services Office, Leo R. Downey,

         7       Jr., of Livonia.

         8                  And as members of the Queens

         9       Children's Psychiatric Center, Jack M.

        10       Friedman, of Queens Village, and Rebecca L.

        11       Skinner, of New York City.

        12                  ACTING PRESIDENT BONACIC:

        13       Senator Johnson.

        14                  SENATOR OWEN JOHNSON:    I move the

        15       nominations.

        16                  ACTING PRESIDENT BONACIC:    The

        17       question is on the nomination of the nominees

        18       as read by the Secretary.  All in favor

        19       signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT BONACIC:    Those

        22       opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT BONACIC:    The

        25       nominees are hereby confirmed as read by the



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         1       Secretary.

         2                  Reports of select committees.

         3                  Communications and reports from

         4       state officers.

         5                  Motions and resolutions.

         6                  Senator Farley.

         7                  SENATOR FARLEY:    Thank you,

         8       Mr. President.

         9                  On behalf of Senator Volker,

        10       Mr. President, I wish to call up his bill,

        11       Senate Print 1653.  It's recalled from the

        12       Assembly, and it's now at the desk.

        13                  ACTING PRESIDENT BONACIC:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       905, by Senator Volker, Senate Print 1653, an

        17       act to amend the Executive Law.

        18                  SENATOR FARLEY:    I now move to

        19       reconsider the vote by which this bill was

        20       passed.

        21                  ACTING PRESIDENT BONACIC:    The

        22       Secretary will call the roll on

        23       reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 56.



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         1                  SENATOR FARLEY:    Mr. President, I

         2       now offer the following amendments.

         3                  ACTING PRESIDENT BONACIC:    The

         4       amendments are received.

         5                  SENATOR FARLEY:    Mr. President,

         6       on behalf of Senator Skelos, I wish to call up

         7       his bill, Print Number 962A.  It's been

         8       recalled from the Assembly, and it's now at

         9       the desk.

        10                  ACTING PRESIDENT BONACIC:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       693, by Senator Skelos, Senate Print Number

        14       962A, an act to amend the Public Officers Law

        15       and the Civil Practice Law and Rules.

        16                  SENATOR FARLEY:    Mr. President, I

        17       now move to reconsider the vote by which this

        18       bill passed.

        19                  ACTING PRESIDENT BONACIC:    The

        20       Secretary will call the roll on

        21       reconsideration.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 56.

        24                  SENATOR FARLEY:    Mr. President, I

        25       now offer the following amendments.



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         1                  ACTING PRESIDENT BONACIC:    The

         2       amendments are received.

         3                  SENATOR FARLEY:    Mr. President,

         4       amendments are offered to the following Third

         5       Reading Calendar bills:

         6                  By Senator Leibell, on page 9,

         7       Calendar Number 17, Senate Print 3587;

         8                  For Senator Leibell, on page 9,

         9       Calendar Number 19, Senate Print 3743;

        10                  Also for Senator Leibell, on page

        11       29, Calendar Number 601, Senate Print 4700;

        12                  For Senator Leibell again, on page

        13       33, Calendar Number 680, Senate Print 2382;

        14                  And for Senator Leibell, on page

        15       36, I think it's Calendar Number 737, and it's

        16       Senate Print 3637;

        17                  For Senator Saland, on page 47,

        18       Calendar Number 970, Senate Print 7184;

        19                  For Senator DeFrancisco, on page

        20       56, Calendar Number 1133, Senate Print 6358;

        21                  For Senator Saland, on page 70,

        22       Calendar Number 1298, Senate Print 1599;

        23                  And for Senator Saland, on page 85,

        24       Calendar Number 1456, Senate Print 7949.

        25                  Mr. President, I now move that



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         1       these bills retain their place on the order of

         2       the Third Reading Calendar.

         3                  ACTING PRESIDENT BONACIC:    Thank

         4       you, Senator Farley.

         5                  The amendments are received and

         6       adopted, and the bills will retain their place

         7       on the Third Reading Calendar.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Mr. President,

        10       there are substitutions at the desk.  If we

        11       could make them at this time.

        12                  ACTING PRESIDENT BONACIC:    The

        13       Secretary will read.

        14                  THE SECRETARY:    On page 30,

        15       Senator Seward moves to discharge, from the

        16       Committee on Rules, Assembly Bill Number

        17       7120B, and substitute it for the identical

        18       Senate Bill Number 3964C, Third Reading

        19       Calendar 615.

        20                  On page 49, Senator Breslin moves

        21       to discharge, from the Committee on

        22       Transportation, Assembly Bill Number 9442, and

        23       substitute it for the identical Senate Bill

        24       Number 6505, Third Reading Calendar 1016.

        25                  On page 52, Senator Trunzo moves to



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         1       discharge, from the Committee on Local

         2       Government, Assembly Bill Number 8665 and

         3       substitute it for the identical Senate Bill

         4       Number 5859, Third Reading Calendar 1077.

         5                  On page 61, Senator Leibell moves

         6       to discharge, from the Committee on Veterans,

         7       Homeland Security and Military Affairs,

         8       Assembly Bill Number 10486 and substitute it

         9       for the identical Senate Bill Number 7791,

        10       Third Reading Calendar 1192.

        11                  And on page 68, Senator Rath moves

        12       to discharge, from the Committee on Social

        13       Services, Children and Families, Assembly Bill

        14       Number 8722A and substitute it for the

        15       identical Senate Bill Number 5860A, Third

        16       Reading Calendar 1272.

        17                  ACTING PRESIDENT BONACIC:    The

        18       substitutions are ordered.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Mr. President,

        21       if we could adopt the Resolution Calendar at

        22       this time.

        23                  ACTING PRESIDENT BONACIC:    All in

        24       favor of adopting the Resolution Calendar

        25       signify by saying aye.



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         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT BONACIC:

         3       Opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT BONACIC:    The

         6       Resolution Calendar is hereby adopted.

         7                  Senator Skelos.

         8                  SENATOR SKELOS:    Mr. President,

         9       Resolution 3401, by Senator Fuschillo, was

        10       previously adopted.  If we can have it read in

        11       its entirety at this time, and then if you

        12       would recognize Senator Fuschillo.

        13                  ACTING PRESIDENT BONACIC:    The

        14       Secretary will read.

        15                  THE SECRETARY:    By Senator

        16       Fuschillo, Legislative Resolution Number 3401,

        17       congratulating the Long Island Blue Demons

        18       Baseball Team upon the occasion of capturing

        19       the 2007 Babe Ruth World Series in Alabama.

        20                  "WHEREAS, Excellence and success in

        21       competitive sports can be achieved only

        22       through strenuous practice, team play and team

        23       spirit, nurtured by dedicated coach and

        24       strategic planning; and

        25                  "WHEREAS, Athletic competition



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         1       enhances the moral and physical development of

         2       the young people of this state, preparing them

         3       for the future by instilling in them the value

         4       of teamwork, encouraging a standard of healthy

         5       living, imparting a desire for success, and

         6       developing a sense of fair play and

         7       competition; and

         8                  "WHEREAS, Attendant to such

         9       concern, and in full accord with its

        10       long-standing traditions, it is the sense of

        11       this Legislative Body to congratulate the Long

        12       Island Blue Demons Baseball Team upon the

        13       occasion of capturing the 2007 Babe Ruth World

        14       Series in Alabama; and

        15                  "WHEREAS, To reach the Babe Ruth

        16       World Series, the Long Island Blue Demons

        17       Baseball Team won the New York State

        18       championships in Queens and the regional

        19       championships in State College, Pennsylvania,

        20       amassing a perfect 12-0 record; and

        21                  "WHEREAS, Competing against nine

        22       other teams from across the country, the Long

        23       Island Blue Demons Baseball Team went 6-0 and

        24       defeated a team from Henderson, Kentucky, 6-0,

        25       in the championship game to become the first



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         1       squad from Long Island to win the title; and

         2                  "WHEREAS, The athletic talent

         3       displayed by this team is due in great part to

         4       the efforts of Manager Fred Kreuder and

         5       Coaches Pete August and Bill Faust, skilled

         6       and inspirational tutors who have done a

         7       superb job in guiding, molding and inspiring

         8       the team members toward their goals; and

         9                  "WHEREAS, Loyally and

        10       enthusiastically supported by family, fans and

        11       friends, the Long Island Blue Demons Baseball

        12       Team have proven themselves to be an

        13       unbeatable combination of talents, reflecting

        14       favorably on their community; now, therefore,

        15       be it

        16                  "RESOLVED, That this Legislative

        17       Body pause in its deliberations to

        18       congratulate the Long Island Blue Demons

        19       Baseball Team; its members -- Jesse Signa,

        20       Brett Barnathan, Ronald Remi, John Dunn,

        21       Christian Faust, Robert Cafiero, Robert

        22       Tomasulo, Richard Bianchi III, Kyle Tracy,

        23       Douglas Marshall, Alejandro Marine, Brian

        24       Mauro, Peter August, Bryan Verbitsky and Dino

        25       Tomassetti -- Manager Fred Kreuder and Coaches



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         1       Pete August and Bill Faust upon the occasion

         2       of capturing the 2007 Babe Ruth World Series;

         3       and be it further

         4                  "RESOLVED, That copies of this

         5       resolution, suitably engrossed, be transmitted

         6       to the Long Island Blue Demons Baseball Team,

         7       Manager Fred Kreuder and Coaches Pete August

         8       and Bill Faust."

         9                  ACTING PRESIDENT BONACIC:

        10       Senator Fuschillo.

        11                  SENATOR FUSCHILLO:    Thank you

        12       very much, Mr. President.

        13                  It seems like it's a common

        14       occurrence when I get up on the floor of this

        15       house and congratulate a championship team

        16       from my district.

        17                  And today we have another one.  We

        18       have a group of boys from my district, Senator

        19       Skelos' district, Senator Hannon's district,

        20       and Senator Marcellino's district that came

        21       together.  And the coach, Freddie Kreuder, has

        22       been coaching these kids since they were five

        23       or six years old.  And he's beaming with pride

        24       and joy as I look at him in the gallery.

        25                  The kids came up today, had a tour



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         1       of the museum, we had lunch, they toured the

         2       Capitol, they met Senator Bruno and my

         3       colleagues.  It's a great bunch of kids.

         4                  They won the New York State

         5       Championship in Queens.  They went on to win

         6       the Eastern Regionals in Penn State.  Then

         7       they went down to Andalusia, Alabama.  And

         8       that was the host city, and there was a host

         9       team there.  And the day they arrived, they

        10       were greeted by about a thousand residents of

        11       a small 9,000 resident community.

        12                  And they opened up their arms.  The

        13       residents there hosted the boys.  The kids

        14       stayed in houses, they had their clothes

        15       washed by the local merchants.  It was a

        16       pretty good life, Freddie, for that week.

        17                  And they played nine other -- there

        18       were nine teams from around the country.  And

        19       when they went to play Florida, Florida said:

        20       Well, we're going to teach these boys from

        21       New York how to play.  They scored 13 runs in

        22       the first inning, and I believe they beat them

        23       13 to 2.

        24                  And they went on to win the World

        25       Series, The United States World Series for the



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         1       Babe Ruth League.

         2                  One batted over 600 for the

         3       tournament.  Another pitcher had a seven-hit

         4       complete game shutout.  Somebody won a Golden

         5       Glove Award for the best fielder.  Fierce

         6       competitors on the field.

         7                  But that doesn't really tell the

         8       story of what these boys are like.  There was

         9       a young boy that was their batboy, a

        10       12-year-old boy that saved up his money to buy

        11       them gum and sesame seeds, sunflower seeds for

        12       every game.  And he liked music, he liked to

        13       play the guitar.  But he rented a guitar.

        14                  So these kids, they chipped in

        15       their own money, and they ended up buying him

        16       a guitar.  They signed it, put a little saying

        17       on it from the Bible:  "With God, everything

        18       is possible."

        19                  But that tells you what the

        20       character of these boys are like.  Fierce

        21       competitors on the field, but a humanistic

        22       side off the field.

        23                  Freddie, I congratulate you and

        24       your managers, all the families -- and even

        25       the grandfather who's here today -- on the



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         1       success of these boys, but mostly for the

         2       character that you've instilled into them.

         3       Congratulations.

         4                  Ladies and gentlemen, please

         5       welcome the Babe Ruth champions, the Long

         6       Island Blue Demons.  Congratulations.

         7                  (Applause.)

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Mr. President.

        10                  ACTING PRESIDENT BONACIC:

        11       Senator Fuschillo, do you think that we have

        12       some candidates here that could help the

        13       Yankees and the Mets that are struggling?

        14                  SENATOR FUSCHILLO:    I think both

        15       teams could use a lot of help.

        16                  (Laughter.)

        17                  ACTING PRESIDENT BONACIC:    Thank

        18       you, gentlemen.

        19                  I have Senator Marcellino.

        20                  SENATOR MARCELLINO:    Thank you,

        21       Mr. President.

        22                  It's a pleasure to rise up and

        23       congratulate these young men.  They're a

        24       credit to their community; they're a credit to

        25       their families.  Somebody's done something



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         1       right in bringing these people up, because

         2       they know what's important.  The story that

         3       Senator Fuschillo just told you about them

         4       chipping in their own money to help someone

         5       else tells you of their character.

         6                  ACTING PRESIDENT BONACIC:    Excuse

         7       me, Senator.

         8                  Can we please keep the noise down

         9       and be respectful to Senator Marcellino.

        10                  Senator Marcellino.

        11                  SENATOR MARCELLINO:    Thank you,

        12       Mr. President.  I appreciate the help.

        13                  Unfortunately, we don't read often

        14       enough in our newspapers and hear in the media

        15       stories about young men like this who do the

        16       right thing for all the right reasons.

        17       Unfortunately, we read always about people who

        18       do the wrong thing and get in trouble.  If you

        19       were to believe what you read, you would think

        20       a generation was going to you-know-where in a

        21       handbasket.

        22                  We know that's not the case.  These

        23       young men have proved it once again.  They're

        24       great people.  They're going to be a credit to

        25       our community, a credit to our state and a



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         1       credit to our nation.

         2                  Again, I congratulate you.  Enjoy

         3       yourselves.  This is a life -- almost a

         4       life-changing experience.  It's something

         5       you're going to talk about for the rest of

         6       your days, and I wish them to be many.

         7                  Congratulations and God bless each

         8       and every one of you.  God bless your families

         9       as well.

        10                  (Applause.)

        11                  ACTING PRESIDENT BONACIC:    Thank

        12       you, Senator Marcellino.

        13                  The resolution has been previously

        14       adopted.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Let me just add

        17       my congratulations to all of you.

        18                  I know that you're going to

        19       continue to excel in academics, certainly in

        20       sports.  And I was talking with Senator

        21       Stachowski.  He says eventually he'd love to

        22       be your agent.  I'd love to be your attorneys

        23       when you make it to the majors.

        24                  So congratulations to all of you.

        25                  (Applause.)



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         1                  ACTING PRESIDENT BONACIC:

         2       Senator Skelos.

         3                  SENATOR SKELOS:    If we could go

         4       to the noncontroversial reading of the

         5       calendar.

         6                  ACTING PRESIDENT BONACIC:    The

         7       Secretary will read.

         8                  THE SECRETARY:    Calendar Number

         9       545, by Senator DeFrancisco, Senate Print

        10       1829C, an act to amend the Penal Law, in

        11       relation to identity theft.

        12                  ACTING PRESIDENT BONACIC:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect on the 120th day.

        16                  ACTING PRESIDENT BONACIC:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 58.

        20                  ACTING PRESIDENT BONACIC:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       553, by Senator Bonacic, Senate Print 6755A,

        24       an act to amend the Penal Law, in relation to

        25       unlawful surveillance.



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         1                  ACTING PRESIDENT BONACIC:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 5.  This

         4       act shall take effect on the first of

         5       November.

         6                  ACTING PRESIDENT BONACIC:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.

        10                  ACTING PRESIDENT BONACIC:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       615, substituted earlier today by Member of

        14       the Assembly Gianaris, Assembly Print Number

        15       7120B, an act to amend the Insurance Law, in

        16       relation to specifying.

        17                  ACTING PRESIDENT BONACIC:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT BONACIC:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 58.

        25                  ACTING PRESIDENT BONACIC:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       823, by Senator Little, Senate Print 7347, an

         4       act to authorize certain healthcare

         5       professionals.

         6                  ACTING PRESIDENT BONACIC:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect July 16, 2008.

        10                  ACTING PRESIDENT BONACIC:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 58.

        14                  ACTING PRESIDENT BONACIC:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       890, by Senator Farley, Senate Print 2745, an

        18       act to amend the Banking Law, in relation to

        19       requirement for licensure.

        20                  ACTING PRESIDENT BONACIC:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 3.  This

        23       act shall take effect on the first of January

        24       next succeeding.

        25                  ACTING PRESIDENT BONACIC:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 58.

         4                  ACTING PRESIDENT BONACIC:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       891, by Senator Farley, Senate Print 2866, an

         8       act to amend the Banking Law, in relation to

         9       second branch.

        10                  ACTING PRESIDENT BONACIC:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect immediately.

        14                  ACTING PRESIDENT BONACIC:    Call

        15       the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 59.

        18                  ACTING PRESIDENT BONACIC:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       954, by Senator Larkin, Senate Print 427, an

        22       act to amend the Tax Law, in relation to

        23       partial eligibility.

        24                  ACTING PRESIDENT BONACIC:    Read

        25       the last section.



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         1                  THE SECRETARY:    Section 6.  This

         2       act shall take effect immediately.

         3                  ACTING PRESIDENT BONACIC:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 59.

         7                  ACTING PRESIDENT BONACIC:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       999, by Senator Volker, Senate Print 7416, an

        11       act to amend the Penal Law, in relation to

        12       assaults in detention facilities.

        13                  ACTING PRESIDENT BONACIC:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect on the first of

        17       November.

        18                  ACTING PRESIDENT BONACIC:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 58.  Nays,

        22       1.  Senator Duane recorded in the negative.

        23                  ACTING PRESIDENT BONACIC:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1000, by Senator Lanza, Senate Print 7528, an

         2       act to amend the Penal Law, in relation to

         3       prohibiting the possession of plastic

         4       knuckles.

         5                  ACTING PRESIDENT BONACIC:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 7.  This

         8       act shall take effect on the first of

         9       November.

        10                  ACTING PRESIDENT BONACIC:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 59.

        14                  ACTING PRESIDENT BONACIC:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       1016, substituted earlier today by Member of

        18       the Assembly Hoyt, Assembly Print Number 9442,

        19       an act to amend Chapter 584 of the Laws of

        20       2007 relating to the definition of "Erie

        21       Canal."

        22                  ACTING PRESIDENT BONACIC:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT BONACIC:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 58.  Nays,

         5       1.  Senator Rath recorded in the negative.

         6                  ACTING PRESIDENT BONACIC:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1028, by Senator Skelos, Senate Print 6722A,

        10       an act to legalize, validate, ratify and

        11       confirm certain transportation contracts.

        12                  ACTING PRESIDENT BONACIC:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT BONACIC:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 59.

        20                  ACTING PRESIDENT BONACIC:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1030, by Senator Little, Senate Print 7003, an

        24       act to authorize approval of a certain

        25       transportation contract.



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         1                  ACTING PRESIDENT BONACIC:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BONACIC:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 59.

         9                  ACTING PRESIDENT BONACIC:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1042, by Senator Alesi, Senate Print 268A, an

        13       act to amend the Executive Law, in relation to

        14       certain notifications.

        15                  ACTING PRESIDENT BONACIC:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 60th day.

        19                  ACTING PRESIDENT BONACIC:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 59.

        23                  ACTING PRESIDENT BONACIC:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number



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         1       1066, by Senator Skelos, Senate Print 7713A,

         2       an act to amend the Executive Law, the Tax Law

         3       and the Correction Law, in relation to

         4       requiring.

         5                  ACTING PRESIDENT BONACIC:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 4.  This

         8       act shall take effect on the first of January.

         9                  ACTING PRESIDENT BONACIC:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT BONACIC:

        13       Senator DeFrancisco, to explain his vote.

        14                  SENATOR DeFRANCISCO:    Yes.  There

        15       is no question that the status of a sex

        16       offender in the State of New York is a status

        17       that carries very, very adverse consequences.

        18                  First of all, you have been

        19       convicted of a crime, and there's various

        20       levels of sex offenders.  And those crimes

        21       that you've been convicted of end up having

        22       some type of punishment, a sentence of some

        23       type.  And then after that, you're put on a

        24       registry and it obviously affects you the rest

        25       of your life.



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         1                  I think this one goes one step too

         2       far, that automatically $600 or more goes to

         3       the victim's witness fund, no matter what

         4       level of sexual offender that you're labeled

         5       as, no matter how long after the event took

         6       place, no matter the equities that may have

         7       happened since.  I just think this has gone

         8       one step too far.

         9                  I think there should be -- If

        10       someone has lost something, has received

        11       damages as a result of whatever the sex

        12       offender did, they could bring suit, they can

        13       go after that individual once that person

        14       comes across some money.  I think that's the

        15       proper way to do this, rather than an

        16       automatic forfeiture no matter what time and

        17       no matter how much or the level of the

        18       offender.

        19                  So I vote no, with that

        20       explanation.

        21                  ACTING PRESIDENT BONACIC:    Anyone

        22       else wishing to be heard?

        23                  Announce the results.

        24                  THE SECRETARY:    Those recorded in

        25       the negative on Calendar Number 1066 are



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         1       Senators DeFrancisco, Duane, Hassell-Thompson,

         2       Montgomery, Parker, Perkins, Savino and

         3       Serrano.

         4                  Ayes, 51.  Nays, 8.

         5                  ACTING PRESIDENT BONACIC:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1076, by Senator Young, Senate Print 4571, an

         9       act to amend the Real Property Tax Law, in

        10       relation to authorizing.

        11                  ACTING PRESIDENT BONACIC:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 3.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT BONACIC:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 59.

        19                  ACTING PRESIDENT BONACIC:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       1077, substituted earlier today by Member of

        23       the Assembly Eddington, Assembly Print Number

        24       8665, an act in relation to authorizing the

        25       village of Bellport in the County of Suffolk.



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         1                  ACTING PRESIDENT BONACIC:    There

         2       is a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT BONACIC:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.  Nays,

        10       1.  Senator Hassell-Thompson recorded in the

        11       negative.

        12                  ACTING PRESIDENT BONACIC:    The

        13       bill is passed.

        14                  THE SECRETARY:    Calendar Number

        15       1078, by Senator Marcellino, Senate Print

        16       6870, an act to amend Chapter 226 of the Laws

        17       of 2003 relating to establishing the

        18       Brookville Library Funding District.

        19                  ACTING PRESIDENT BONACIC:    Read

        20       the last section.

        21                  THE SECRETARY:    Section 4.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT BONACIC:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 59.

         2                  ACTING PRESIDENT BONACIC:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1192, substituted earlier today by Member of

         6       the Assembly Abbate, Assembly Print Number

         7       10486, an act to amend the Civil Service Law,

         8       in relation to employment.

         9                  ACTING PRESIDENT BONACIC:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  ACTING PRESIDENT BONACIC:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  ACTING PRESIDENT BONACIC:

        17       Senator Leibell, to explain his vote.

        18                  SENATOR LEIBELL:    Thank you,

        19       Mr. President.

        20                  This bill was part of a package of

        21       bills that the Senate Majority put forth last

        22       week at a press conference just prior to

        23       Memorial Day.  It's a recognition of the

        24       tremendous sacrifices that have been made by

        25       our servicemen and -women, especially in the



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         1       recent conflict in Iraq and Afghanistan.

         2                  This legislation is going to open

         3       up a noncompetitive situation a significantly

         4       increased number of positions for returning

         5       disabled veterans.  It's a commitment we have

         6       made to our veterans.

         7                  I think it will be a great light

         8       for private employers to follow.  It's an

         9       example for them how we should be taking care

        10       of all those who have served and worked so

        11       hard for our nation.

        12                  I vote aye.  Thank you,

        13       Mr. President.

        14                  ACTING PRESIDENT BONACIC:    Thank

        15       you, Senator Leibell.

        16                  Anyone else wishing to be heard?

        17                  Announce the results.

        18                  THE SECRETARY:    Ayes, 59.  Nays,

        19       0.

        20                  ACTING PRESIDENT BONACIC:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1203, by Senator Saland, Senate Print 1097, an

        24       act to amend the Education Law, in relation to

        25       powers of the Board of Cooperative Educational



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         1       Services.

         2                  ACTING PRESIDENT BONACIC:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT BONACIC:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT BONACIC:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1225, by Senator Little, Senate Print 7914, an

        14       act to amend the General Municipal Law, in

        15       relation to construction.

        16                  ACTING PRESIDENT BONACIC:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 3.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT BONACIC:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 59.

        24                  ACTING PRESIDENT BONACIC:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       1252, by Senator Larkin, Senate Print 347A, an

         3       act to amend the Racing, Pari-Mutuel Wagering

         4       and Breeding Law and the Tax Law, in relation

         5       to making persons convicted.

         6                  ACTING PRESIDENT BONACIC:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect January 1 next

        10       succeeding.

        11                  ACTING PRESIDENT BONACIC:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 59.

        15                  ACTING PRESIDENT BONACIC:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1255, by Senator Larkin, Senate Print 2721A,

        19       an act to amend the Racing, Pari-Mutuel

        20       Wagering and Breeding Law, in relation to

        21       imposition of fees.

        22                  ACTING PRESIDENT BONACIC:    Read

        23       the last section.

        24                  THE SECRETARY:    Section 3.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT BONACIC:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 59.

         5                  ACTING PRESIDENT BONACIC:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       1264, by Senator Larkin, Senate Print 1480, an

         9       act to amend the Agriculture and Markets Law,

        10       in relation to including.

        11                  ACTING PRESIDENT BONACIC:    Read

        12       the last section.

        13                  THE SECRETARY:    Section 10.  This

        14       act shall take effect on the 180th day.

        15                  ACTING PRESIDENT BONACIC:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 58.  Nays,

        19       1.  Senator Padavan recorded in the negative.

        20                  ACTING PRESIDENT BONACIC:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1267, by Senator Nozzolio, Senate Print 4111,

        24       an act to amend the Agriculture and Markets

        25       Law, in relation to building on farmland.



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         1                  ACTING PRESIDENT BONACIC:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT BONACIC:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 59.

         9                  ACTING PRESIDENT BONACIC:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       1272, substituted earlier today by Member of

        13       the Assembly Ortiz, Assembly Print Number

        14       8722A, an act to amend the Domestic Relations

        15       Law and the Military Law, in relation to child

        16       custody.

        17                  ACTING PRESIDENT BONACIC:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 3.  This

        20       act shall take effect on the 180th day.

        21                  ACTING PRESIDENT BONACIC:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 59.

        25                  ACTING PRESIDENT BONACIC:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       1281, by Senator Bonacic, Senate Print 462, an

         4       act to amend the Administrative Code of the

         5       City of New York, in relation to requiring the

         6       Department of Environmental Conservation.

         7                  ACTING PRESIDENT BONACIC:    Read

         8       the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT BONACIC:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 59.

        15                  ACTING PRESIDENT BONACIC:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       1297, by Senator Flanagan, Senate Print 796,

        19       an act to amend the Tax Law, in relation to

        20       exemptions.

        21                  ACTING PRESIDENT BONACIC:    There

        22       is a local fiscal impact note at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect on the first day of the



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         1       sales tax quarterly period.

         2                  ACTING PRESIDENT BONACIC:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.  Nays,

         6       1.  Senator Duane recorded in the negative.

         7                  ACTING PRESIDENT BONACIC:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       1315, by Senator Flanagan, Senate Print 7957,

        11       an act to amend the Executive Law, in relation

        12       to the display of certain flags.

        13                  ACTING PRESIDENT BONACIC:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 3.  This

        16       act shall take effect on the 30th day.

        17                  ACTING PRESIDENT BONACIC:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 59.

        21                  ACTING PRESIDENT BONACIC:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       1380, by Senator Fuschillo, Senate Print 3079,

        25       an act to amend the Penal Law, in relation to



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         1       criminal impersonation.

         2                  ACTING PRESIDENT BONACIC:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect on the 90th day.

         6                  ACTING PRESIDENT BONACIC:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT BONACIC:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       1381, by Senator Fuschillo, Senate Print 3080,

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

        15       creating the crime of committing an offense

        16       while impersonating a police officer or peace

        17       officer.

        18                  ACTING PRESIDENT BONACIC:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect on the first of

        22       November.

        23                  ACTING PRESIDENT BONACIC:    Call

        24       the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 59.

         2                  ACTING PRESIDENT BONACIC:    The

         3       bill is passed.

         4                  THE SECRETARY:    Calendar Number

         5       1384, by Senator Fuschillo, Senate Print

         6       4721A, an act to amend the Penal Law and the

         7       Criminal Procedure Law, in relation to

         8       identity theft.

         9                  ACTING PRESIDENT BONACIC:    Read

        10       the last section.

        11                  THE SECRETARY:    Section 14.  This

        12       act shall take effect on the 90th day.

        13                  ACTING PRESIDENT BONACIC:    Call

        14       the roll.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 59.

        17                  ACTING PRESIDENT BONACIC:    The

        18       bill is passed.

        19                  THE SECRETARY:    Calendar Number

        20       1385, by Senator Young, Senate Print 4875, an

        21       act to amend the Criminal Procedure Law, in

        22       relation to authorizing.

        23                  ACTING PRESIDENT BONACIC:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BONACIC:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 59.

         6                  ACTING PRESIDENT BONACIC:    The

         7       bill is passed.

         8                  THE SECRETARY:    Calendar Number

         9       1449, by Senator Skelos, Senate Print 4332, an

        10       act to amend the Correction Law, in relation

        11       to the registration of sex offenders.

        12                  ACTING PRESIDENT BONACIC:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT BONACIC:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 59.

        20                  ACTING PRESIDENT BONACIC:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       1451, by Senator Rath, Senate Print 4636, an

        24       act to amend the Correction Law, in relation

        25       to knowingly harboring a sex offender.



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         1                  ACTING PRESIDENT BONACIC:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect on the first of

         5       November.

         6                  ACTING PRESIDENT BONACIC:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 59.

        10                  ACTING PRESIDENT BONACIC:    The

        11       bill is passed.

        12                  Senator Skelos, that completes the

        13       noncontroversial reading of the calendar.

        14                  SENATOR SKELOS:    Mr. President,

        15       Calendar Number 1066, Senate 7713A, my bill

        16       which passed previously, I'd like to move to

        17       reconsider the vote by which it passed and lay

        18       the bill aside.

        19                  ACTING PRESIDENT BONACIC:    The

        20       Secretary will read.

        21                  THE SECRETARY:    Calendar Number

        22       1066, by Senator Skelos, Senate Print 7713A,

        23       an act to amend the Executive Law and others.

        24                  ACTING PRESIDENT BONACIC:    Call

        25       the roll on reconsideration.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 60.

         3                  ACTING PRESIDENT BONACIC:    Lay

         4       the bill aside for the day.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Is there any

         7       further business at the desk?

         8                  ACTING PRESIDENT BONACIC:    There

         9       is none.

        10                  SENATOR SKELOS:    I move we stand

        11       adjourned until Thursday, May 29th, at

        12       11:00 a.m.

        13                  ACTING PRESIDENT BONACIC:    Thank

        14       you, Senator Skelos.

        15                  On motion, the Senate stands

        16       adjourned until Thursday, May 29th, at

        17       11:00 a.m.

        18                  (Whereupon, at 3:54 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24

        25



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