March 11, 2008

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Date: 03/11/2008 Session: Regular

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 Candyco Transcription Service, Inc. (518) 371-8910 635 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.

Candyco Transcription Service, Inc. (518) 371-8910 636 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, Candyco Transcription Service, Inc. (518) 371-8910 637 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 Candyco Transcription Service, Inc. (518) 371-8910 638 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 Candyco Transcription Service, Inc. (518) 371-8910 639 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, Candyco Transcription Service, Inc. (518) 371-8910 640 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 Candyco Transcription Service, Inc. (518) 371-8910 641 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 Candyco Transcription Service, Inc. (518) 371-8910 642 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 Candyco Transcription Service, Inc. (518) 371-8910 643 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 Candyco Transcription Service, Inc. (518) 371-8910 644 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 Candyco Transcription Service, Inc. (518) 371-8910 645 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

Candyco Transcription Service, Inc. (518) 371-8910 646 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, Candyco Transcription Service, Inc. (518) 371-8910 647 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 Candyco Transcription Service, Inc. (518) 371-8910 648 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 Candyco Transcription Service, Inc. (518) 371-8910 649 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 Candyco Transcription Service, Inc. (518) 371-8910 650 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 Candyco Transcription Service, Inc. (518) 371-8910 651 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 Candyco Transcription Service, Inc. (518) 371-8910 652 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. Candyco Transcription Service, Inc. (518) 371-8910 653 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. Candyco Transcription Service, Inc. (518) 371-8910 654 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 Candyco Transcription Service, Inc. (518) 371-8910 655 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

Candyco Transcription Service, Inc. (518) 371-8910 656 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. Candyco Transcription Service, Inc. (518) 371-8910 657 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 Candyco Transcription Service, Inc. (518) 371-8910 658 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. Candyco Transcription Service, Inc. (518) 371-8910 659 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 Candyco Transcription Service, Inc. (518) 371-8910 660 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.) Candyco Transcription Service, Inc. (518) 371-8910 661 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 Candyco Transcription Service, Inc. (518) 371-8910 662 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 Candyco Transcription Service, Inc. (518) 371-8910 663 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. Candyco Transcription Service, Inc. (518) 371-8910 664 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 19 20 21 22

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