March 5, 2008

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Date: 03/05/2008 Session: Regular

585 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 5, 2008 11 11:16 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR MICHAEL F. NOZZOLIO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 586 1 P R O C E E D I N G S 2 ACTING PRESIDENT NOZZOLIO: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT NOZZOLIO: In 10 the absence of clergy, may we please bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT NOZZOLIO: 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 4, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 3, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT NOZZOLIO: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc. (518) 371-8910 587 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a Resolution 4548 at the desk by 10 Senator Young. If we could have it read in 11 its entirety and move for its immediate 12 adoption. 13 ACTING PRESIDENT NOZZOLIO: 14 Resolution 4548, by Senator Young. The 15 Secretary shall read. 16 THE SECRETARY: By Senator Young, 17 Legislative Resolution Number 4548, 18 congratulating the Fredonia Senior Little 19 League Girls Softball Team upon the occasion 20 of capturing the New York State Championship 21 for the second consecutive year. 22 "WHEREAS, Excellence and success in 23 competitive sports can be achieved only 24 through strenuous practice, team play and team 25 spirit, nurtured by dedicated coaching and Candyco Transcription Service, Inc. (518) 371-8910 588 1 strategic planning; and

2 "WHEREAS, Athletic competition 3 enhances the moral and physical development of 4 the young people of this state, preparing them 5 for the future by instilling in them the value 6 of teamwork, encouraging a standard of healthy 7 living, imparting a desire for success, and 8 developing a sense of fair play and 9 competition; and 10 "WHEREAS, Attendant to such 11 concern, and in full accord with its 12 long-standing traditions, it is the sense of 13 this Legislative Body to congratulate the 14 Fredonia Senior Little League Girls Softball 15 Team upon the occasion of capturing the 16 New York State Championship for the second 17 consecutive year; and 18 "WHEREAS, Every member of the 19 Fredonia Senior Little League Girls Softball 20 Team was a New York State champion last year, 21 either in Junior League or Senior League, and 22 have all been district and sectional champions 23 no less than four years each; and 24 "WHEREAS, Furthermore, many of the 25 girls on the Fredonia Senior Little League Candyco Transcription Service, Inc. (518) 371-8910 589 1 Girls Softball Team were on the Fredonia High 2 School Softball Team that finished second in 3 the 2007 New York State Class B Championships; 4 and

5 "WHEREAS, The athletic talent 6 displayed by this team is due in great part to 7 the efforts of Coaches John Arnold, John 8 Bongiovanni, David Ortolano, Ronald Wasik and 9 Richard Bartkowiak, skilled and inspirational 10 tutors who have done a superb job in guiding, 11 molding and inspiring the team members toward 12 their goals; and 13 "WHEREAS, Loyally and 14 enthusiastically supported by family, fans, 15 and friends, the Fredonia Senior Little League 16 Girls Softball Team have proven themselves to 17 be an unbeatable combination of talents, 18 reflecting favorably on their community; now, 19 therefore, be it 20 "RESOLVED, That this Legislative 21 Body pause in its deliberations to 22 congratulate the Fredonia Senior Little League 23 Girls Softball Team, its members -- Julie 24 Arnold, Mary Kate Bongiovanni, Katrina 25 Johnston, Mira Patel, Anne Wasik, Jenna Shaw, Candyco Transcription Service, Inc. (518) 371-8910 590 1 Laura Poweski, Maeghan Farnham, T'ana Abt, 2 Katie Bartkowiak, Chrissy Ortolano, Marah 3 Dahn, Marge Wronski, Keri Ketcham -- and 4 Coaches John Arnold, John Bongiovanni, David 5 Ortolano, Ronald Wasik and Richard Bartkowiak, 6 upon the occasion of capturing the New York 7 State Championship for the second consecutive

8 year; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to the Fredonia Senior Little League Girls 12 Softball Team and Coaches John Arnold, John 13 Bongiovanni, David Ortolano, Ronald Wasik and 14 Richard Bartkowiak." 15 ACTING PRESIDENT NOZZOLIO: 16 Senator Young, on the resolution. 17 SENATOR YOUNG: Thank you. On 18 the resolution. 19 I am so incredibly proud to stand 20 here today and see these fine young women who 21 have achieved so much. It was not easy for 22 them to get to Albany. The weather has been 23 bad; it's icy out west. They had to travel 24 over five hours to get here. 25 But the reason that they're here is Candyco Transcription Service, Inc. (518) 371-8910 591 1 because they are achievers. And by the way, 2 they had a tough time parking this morning 3 too. 4 (Laughter.) 5 SENATOR YOUNG: It also shows how 6 tenacious they are and how dedicated they are. 7 You know, we have some of the 8 finest young people in my Senate district, and 9 I believe that this team -10 ACTING PRESIDENT NOZZOLIO:

11 Senator Young, would you excuse me, suffer an 12 interruption? 13 The house will come to order. The 14 chatter in the back of the room, please take 15 it outside. 16 SENATOR YOUNG: Thank you very 17 much, Senator. 18 But I am so incredibly proud of all 19 of their achievements. You know, it's not 20 easy to win in the way that they did. And 21 it's important to win, but it's also important 22 to learn all of the life lessons that they 23 have gained along the way as far as working 24 together, as far as doing your best, striving 25 your hardest. And that's really what it's all Candyco Transcription Service, Inc. (518) 371-8910 592 1 about. 2 So I congratulate you. I think 3 you're absolutely wonderful. I'm so proud to 4 represent you. And I wish you much success 5 now, but also in the future, because what 6 you've been able to accomplish is something 7 that you can take forward for the rest of your 8 lives. 9 I want to congratulate the coaches, 10 too, for the leadership and the guidance and 11 the support that you have given these young 12 women. You are absolutely fantastic. 13 And so I salute every single one of

14 you. Thank you. 15 ACTING PRESIDENT NOZZOLIO: Thank 16 you, Senator Young. 17 Anyone else wishing to speak on the 18 resolution? 19 The question is on the resolution. 20 All in favor signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT NOZZOLIO: 23 Opposed, nay. 24 (No response.) 25 ACTING PRESIDENT NOZZOLIO: The Candyco Transcription Service, Inc. (518) 371-8910 593 1 resolution is adopted. 2 (Applause.) 3 ACTING PRESIDENT NOZZOLIO: On 4 behalf on behalf of Senator Young and the 5 entire New York State Senate, we wish to 6 congratulate the Fredonia Senior Little League 7 Girls Softball Team. 8 Congratulations as our state 9 champions, that you are fine representatives 10 of your region and your generation. We're 11 very proud of you, as Senator Young has 12 stated. Congratulations. 13 (Applause.) 14 ACTING PRESIDENT NOZZOLIO: 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President.

17 ACTING PRESIDENT NOZZOLIO: 18 Senator Skelos. 19 SENATOR SKELOS: I have two 20 resolutions at the desk, 4550 and 4552. If we 21 could have the titles read and move for their 22 immediate adoption. 23 ACTING PRESIDENT NOZZOLIO: The 24 Secretary shall read. 25 THE SECRETARY: By Senator Candyco Transcription Service, Inc. (518) 371-8910 594 1 Skelos, Legislative Resolution Number 4550, 2 commending the New York State School Music 3 Association upon the occasion of hosting the 4 Annual New York State School Music Association 5 in Albany Day. 6 ACTING PRESIDENT NOZZOLIO: On 7 the resolution, all in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT NOZZOLIO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT NOZZOLIO: The 14 resolution is adopted. 15 The Secretary shall read. 16 THE SECRETARY: By Senator 17 Skelos, Legislative Resolution Number 4552, 18 commemorating the 60th Anniversary of 19 Monsignor Edward J. Flanagan Squires Circle

20 Number 574 in Lynbrook, New York. 21 ACTING PRESIDENT NOZZOLIO: On 22 the resolution, all in favor signify by saying 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT NOZZOLIO: Candyco Transcription Service, Inc. (518) 371-8910 595 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT NOZZOLIO: The 4 resolution is adopted. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 there's a resolution at the desk, 4549, by 8 Senator DeFrancisco. If we could have it read 9 in its entirety and move for its immediate 10 adoption. 11 ACTING PRESIDENT NOZZOLIO: The 12 Secretary will read. 13 THE SECRETARY: By Senator 14 DeFrancisco, Legislative Resolution Number 15 4549, congratulating the West Genesee Varsity 16 Football Team upon the occasion of capturing 17 the New York State Class AA Championship. 18 "WHEREAS, Excellence and success in 19 competitive sports can be achieved only 20 through strenuous practice, team play and team 21 spirit, nurtured by dedicated coaching and 22 strategic planning; and

23 "WHEREAS, Athletic competition 24 enhances the moral and physical development of 25 the young people of this state, preparing them Candyco Transcription Service, Inc. (518) 371-8910 596 1 for the future by instilling in them the value 2 of teamwork, encouraging a standard of healthy 3 living, imparting a desire for success, and 4 developing a sense of fair play and 5 competition; and 6 "WHEREAS, It is the sense of this 7 Legislative Body to recognize and pay tribute 8 to those young people within the State of 9 New York who, achieving outstanding success in 10 athletic competition, have inspired and 11 brought pride to their school; and 12 "WHEREAS, This Legislative Body is 13 justly proud to congratulate the West Genesee 14 Varsity Football Team and Head Coach Steve 15 Bush upon the occasion of capturing the 2007 16 Class AA Championship; and 17 "WHEREAS, the West Genesee Varsity 18 Football Team enjoyed a truly outstanding 19 season, compiling an overall record of 11 wins 20 versus only two defeats, an impressive record 21 against a very difficult and competitive 22 schedule; and 23 "WHEREAS, The road to the state 24 title was not easy, but this team was able to 25 pull out many impressive victories throughout

Candyco Transcription Service, Inc. (518) 371-8910 597 1 the year to lead them toward the sectionals 2 and eventually the state playoffs; and 3 "WHEREAS, To earn the right to play 4 in state competition, West Genesee first had 5 to prove that their season-long success would 6 carry them through sectional competition. On 7 November 3, 2007, West Genesee took the 8 Section III title by defeating a strong 9 Cicero-North Syracuse team, a team that had 10 defeated them on a last-second field goal 11 earlier in the season. In the sectional 12 championship game, they enacted revenge with a 13 last-second field goal of their own, to lead 14 the West Genesee Wildcats to their second 15 Section III title, the first since 1998; and 16 "WHEREAS, Having secured a 17 Section III title, it was on to the state 18 quarterfinals, where West Genny was matched 19 against the Section IV champions, 20 Union-Endicott, and the Wildcats were able to 21 win a defensive struggle, 21-7, at 22 Binghamton's Alumni Stadium; and 23 "WHEREAS, It was then on to the 24 state semifinal game at Paetec Park in 25 Rochester, against the previously undefeated Candyco Transcription Service, Inc. (518) 371-8910 598 1 Orchard Park Quakers from Section V, in a

2 hard-fought game with the Wildcats hanging on 3 to a 30-27 victory to advance to the state 4 title game; and 5 "WHEREAS, The Class AA State 6 Championship game was played at the Carrier 7 Dome on November 25, 2007, against previously 8 undefeated and number-one state-ranked 9 Monroe-Woodbury from Section IX. West Genesee 10 fell behind on the first drive, 7-0, but then 11 tied the score and eventually took the lead in 12 the first quarter and then never trailed 13 again, culminating in a 42-21 victory to claim 14 their first ever state championship; and 15 "WHEREAS, No team, no matter how 16 gifted one or a handful of its members may be, 17 can succeed without outstanding talent 18 throughout its entire roster. Such was the 19 case for the 2007 West Genesee Football Team, 20 whose players included Joe Kesler, Dave 21 Hildman, Matt McCabe, Joe Fazio, Ryan 22 McConnell, George Eunice, Jim Marks, James 23 Grecco, Nick Aiken, Tim Moran, Jeremy Jones, 24 Kyle Nojaim, Nick Collins, Pat Shanley, Mike 25 Carter, Jeremy Connors, Tim Town, Mike Candyco Transcription Service, Inc. (518) 371-8910 599 1 Simiele, Yaw Awuah, Mike Mercer, Ben Waldron, 2 Sirron Wright, Mike Delaney, Marcus Armstrong, 3 Josh Cruz, Tom Flynn, Will Furdyn, AJ Reese, 4 Scott Erikson, Nate Wells, Rich Longo, Mark

5 Ferguson, Nick Pedrotti, Christos Dimkos, Mike 6 Gagnon, Nick Cammuso, Nick Rinaldi, Kevin 7 Heron, Stefan Cavedine, Mike Severance, John 8 Gacek, Vinny Lamanna, Ossama Mere, Craig 9 Simmons, Ben Wysokowski, Stephen Pooler, Tony 10 Pedrotti, Doug Ayer, Jake Fietkiewicz, Dan 11 Kolinski, Jeff Mancuso, Kevin Petrick, Luke 12 Cometti, along with Team Managers Samantha 13 Cromp, Kelly Collins, Vanessa Mangovski and 14 Jessica Andrianos; and 15 "WHEREAS, The hard work and 16 dedication of the coaching staff -- Head Coach 17 Steve Bush and Assistants Joe Corley, John 18 Lawrence, Corey Brooks, Dana Eells and Jon 19 Paone -- throughout the entire year led to a 20 team that believed it could win the big games 21 and inspired a great spirit of teamwork and 22 commitment from all of the players; and 23 "WHEREAS, While football is a team 24 sport, special recognition from the title game 25 should be noted. Tim Moran was named Most Candyco Transcription Service, Inc. (518) 371-8910 600 1 Valuable Player, Stephen Pooler was named Most 2 Valuable Offensive Lineman, Dan Kolinski was 3 named Most Valuable Defensive Lineman, and 4 Nick Cammuso was given the Sportsmanship 5 Award; and 6 "WHEREAS, In addition to the 7 excellent play, hard work and teamwork of its

8 players, and the talent and dedication of 9 Coach Steve Bush and his staff, the West 10 Genesee Wildcats enjoyed another huge 11 advantage with a very supportive and 12 enthusiastic fan base of parents, cheerleaders 13 and area residents, particularly in the title 14 game, where thousands of fans were adorned 15 with the team's blue and gold colors in 16 support of their team; now, therefore, be it 17 "RESOLVED, That this Legislative 18 Body pause in its deliberations to 19 congratulate the West Genesee Varsity Football 20 Team on their successful team season and 21 overall team record, and upon the capture of 22 the 2007 Class AA Football Championship; and 23 be it further 24 "RESOLVED, That copies of this 25 resolution, suitably engrossed, be transmitted Candyco Transcription Service, Inc. (518) 371-8910 601 1 to the members of the 2007 West Genesee 2 Varsity Football Team and Coach Steve Bush." 3 ACTING PRESIDENT NOZZOLIO: 4 Senator DeFrancisco. 5 SENATOR DeFRANCISCO: Thank you, 6 Mr. President. 7 First I would like to mention that 8 sitting next to me is Senator George Maziarz 9 from Niagara Falls. The reason I mention that 10 is because he never brings a championship team

11 here, and it's a very sad thing. 12 (Laughter.) 13 SENATOR DeFRANCISCO: And in 14 order to get back at me today, when the 15 wonderful girls softball team was being 16 honored, he says, "Oh, no Syracuse today, 17 huh?" I said "No, they're next." 18 Because we've brought many 19 championship teams from Central New York here 20 to be honored by this wonderful body, the 21 New York State Senate. And the resolution 22 that you heard read will be a part of the 23 permanent record of this body. 24 And, you know, in reading the 25 resolution and in helping to prepare the Candyco Transcription Service, Inc. (518) 371-8910 602 1 resolution, it was really an interesting, very 2 difficult season where you lost by a field 3 goal and came back to beat the same team by a 4 field goal, last second, is that what 5 happened? It's unbelievable, to go on into 6 this championship year. That shows real guts, 7 real determination. 8 And I notice that you beat the 9 Union-Endicott team in Binghamton. And that's 10 precisely why Senator Libous is not in our 11 chambers today, because he's so embarrassed 12 about that loss because they thought they were 13 going to win.

14 (Laughter.) 15 SENATOR DeFRANCISCO: And you 16 also beat the team from Orchard Park, and 17 Senator Volker also didn't make the meeting 18 today. He's still in mourning from that game. 19 (Laughter.) 20 SENATOR DeFRANCISCO: No, they 21 congratulate you as well. 22 This is a wonderful tribute to all 23 of you, to the hard work, the determination. 24 And all of your names are in the complete 25 resolution, and we'll get all of you copies of Candyco Transcription Service, Inc. (518) 371-8910 603 1 that resolution. 2 So what I'll tell you lastly is 3 this. You are going to remember this the rest 4 of your life, being part of a team that did 5 something that very few teams do. Only one 6 does each year in each of the divisions. 7 You'll remember your friends, you'll be 8 friends with them forever. 9 So congratulations on the great 10 things you've done. And translate this 11 experience, the teamwork, during your 12 lifetime, and you're going to be winners at 13 everything you do. 14 So congratulations. And on behalf 15 of all the citizens of my district, we're all 16 very, very proud of you.

17 ACTING PRESIDENT NOZZOLIO: Thank 18 you, Senator DeFrancisco. 19 Anyone else wishing to be heard on 20 the resolution? 21 The question is on Senator 22 DeFrancisco's resolution honoring the New York 23 State Class AA champions, the West Genesee 24 Wildcats Football Team. All in favor signify 25 by saying aye. Candyco Transcription Service, Inc. (518) 371-8910 604 1 (Response of "Aye.") 2 ACTING PRESIDENT NOZZOLIO: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT NOZZOLIO: The 6 resolution is adopted. 7 Congratulations to the players and 8 coaches. That all of Central New York is 9 proud of West Genesee. If it could not be 10 Auburn winning the New York AA football title, 11 certainly we're glad that it's a neighbor. 12 And congratulations to all of you. 13 (Applause.) 14 ACTING PRESIDENT NOZZOLIO: 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 Resolution Number 4445, by Senator Robach, was 18 adopted on March 4th. If we could just have 19 the title read, to refresh everybody's

20 recollection, and then have it cosponsored by 21 the Senate. 22 If anybody wishes not to cosponsor 23 it, they should notify the deck. 24 ACTING PRESIDENT NOZZOLIO: Thank 25 you, Senator Skelos. Candyco Transcription Service, Inc. (518) 371-8910 605 1 The Secretary shall read. 2 THE SECRETARY: By Senator 3 Robach, Legislative Resolution Number 4445, 4 memorializing Governor Eliot Spitzer to 5 declare May 2008 as "Hepatitis C Awareness 6 Month" in the State of New York. 7 ACTING PRESIDENT NOZZOLIO: 8 Senator Robach. 9 SENATOR ROBACH: Yes, 10 Mr. President. I just wanted to add to the 11 resolution very, very quickly. 12 One of the important things that we 13 do here is our partnership with trying to keep 14 New Yorkers healthy. And while I love sports, 15 I want to take a moment on this hidden 16 disease, hepatitis C, equally as important. 17 We have some champions of 18 healthcare, the advocates of the Hepatitis C 19 Coalition, not only from Rochester, Long 20 Island, but across the state who are always 21 here advocating for not only a cure, research, 22 education, treatment, you name it. There have

23 really been some champions in helping remind 24 us and increasing public awareness on 25 sometimes what's called this hidden disease, Candyco Transcription Service, Inc. (518) 371-8910 606 1 hepatitis C. 2 So I not only want to commend 3 having this day and this resolution, but I 4 also want to especially thank the advocates 5 from across the state who work tirelessly 6 every day on behalf of trying to make this 7 disease more bearable and less acute for each 8 and every one of us as New Yorkers. 9 Thank you, Mr. President. 10 ACTING PRESIDENT NOZZOLIO: Thank 11 you, Senator Robach. 12 And the resolution was adopted on 13 March 4th. 14 Senator Skelos, Senator Farley has 15 a motion. 16 Senator Farley. 17 SENATOR FARLEY: It's nothing 18 personal. It's on behalf of Senator Volker. 19 Mr. President, on page 26 I offer 20 the following amendments to Calendar Number 21 324, Senate Print 6701, and I ask that that 22 will retain its place on the Third Reading 23 Calendar. 24 ACTING PRESIDENT NOZZOLIO: The 25 amendments are received and adopted, and the

Candyco Transcription Service, Inc. (518) 371-8910 607 1 bill will retain its place on Third Reading 2 Calendar. Thank you. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we go to the noncontroversial reading of 6 the calendar. 7 ACTING PRESIDENT NOZZOLIO: The 8 Secretary shall read the noncontroversial 9 calendar. 10 THE SECRETARY: Calendar Number 11 72, by Senator Maltese, Senate Print 6688, an 12 act to amend the Civil Service Law, in 13 relation to independent hearing officers. 14 ACTING PRESIDENT NOZZOLIO: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of March. 18 ACTING PRESIDENT NOZZOLIO: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT NOZZOLIO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 133, by Senator Robach, Senate Print 4828, an Candyco Transcription Service, Inc. (518) 371-8910 608 1 act to amend the Workers' Compensation Law, in

2 relation to presumption. 3 ACTING PRESIDENT NOZZOLIO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT NOZZOLIO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT NOZZOLIO: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 162, by Senator Padavan, Senate Print 1462, an 15 act to amend the Agriculture and Markets Law, 16 in relation to prohibiting. 17 ACTING PRESIDENT NOZZOLIO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 120th day. 21 ACTING PRESIDENT NOZZOLIO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 55. 25 ACTING PRESIDENT NOZZOLIO: The Candyco Transcription Service, Inc. (518) 371-8910 609 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 213, by Senator Maltese, Senate Print 6733, an 4 act to amend the General Municipal Law and the

5 Retirement and Social Security Law, in 6 relation to increasing. 7 ACTING PRESIDENT NOZZOLIO: Read 8 the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect July 1, 2008. 11 ACTING PRESIDENT NOZZOLIO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT NOZZOLIO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 263, by Senator Alesi, Senate Print 34, an act 19 to amend the Business Corporation Law, in 20 relation to allowing homeowners associations. 21 ACTING PRESIDENT NOZZOLIO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT NOZZOLIO: Call Candyco Transcription Service, Inc. (518) 371-8910 610 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT NOZZOLIO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 309, by Senator Rath, Senate Print 675B, an

8 act to amend the Penal Law and others, in 9 relation to establishing the offenses of 10 aggravated abuse. 11 ACTING PRESIDENT NOZZOLIO: Read 12 the last section. 13 THE SECRETARY: Section 24. This 14 act shall take effect immediately. 15 ACTING PRESIDENT NOZZOLIO: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT NOZZOLIO: 19 Announce the results. 20 THE SECRETARY: Ayes, 54. Nays, 21 1. Senator Duane recorded in the negative. 22 ACTING PRESIDENT NOZZOLIO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 315, by Senator Rath, Senate Print 2323A, an Candyco Transcription Service, Inc. (518) 371-8910 611 1 act to amend the Penal Law, in relation to the 2 crime of facilitating. 3 ACTING PRESIDENT NOZZOLIO: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT NOZZOLIO: Call 9 the roll. 10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 55. 12 ACTING PRESIDENT NOZZOLIO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 373, by Senator Fuschillo, Senate Print 6548A, 16 an act to amend the General Business Law, in 17 relation to enacting. 18 ACTING PRESIDENT NOZZOLIO: Read 19 the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT NOZZOLIO: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 55. Candyco Transcription Service, Inc. (518) 371-8910 612 1 ACTING PRESIDENT NOZZOLIO: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 393, by Senator Skelos, Senate Print 437, an 5 act to amend the Correction Law, in relation 6 to the duty of sex offenders. 7 ACTING PRESIDENT NOZZOLIO: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT NOZZOLIO: Call 12 the roll. 13 (The Secretary called the roll.)

14 ACTING PRESIDENT NOZZOLIO: 15 Senator Montgomery, why do you rise? 16 SENATOR MONTGOMERY: Yes, I would 17 like to explain my vote, Mr. President. 18 ACTING PRESIDENT NOZZOLIO: 19 Senator Montgomery, to explain her vote. 20 SENATOR MONTGOMERY: Yes. I 21 believe that this bill is to require that a 22 sex offender verify their address within 10 23 days, which I believe was already in law. 24 However, it doesn't give that 25 person an opportunity to rebut the charge of a Candyco Transcription Service, Inc. (518) 371-8910 613 1 violation if in fact they live in the same 2 place and for some reason the mail didn't get 3 to them or they didn't receive the mail. 4 So in fact, even if the person 5 continues to reside and does not receive the 6 mail, for whatever reason, they will be 7 charged with a violation. 8 So I'm going to oppose this bill, 9 because I think it's unfair to not allow a 10 person an opportunity to appeal a violation if 11 in fact they were not at fault. 12 So I'm going to vote no, 13 Mr. President. 14 ACTING PRESIDENT NOZZOLIO: 15 Senator Montgomery will be recorded in the 16 negative.

17 The Secretary will announce the 18 results. 19 THE SECRETARY: Ayes, 54. Nays, 20 1. Senator Montgomery recorded in the 21 negative. 22 ACTING PRESIDENT NOZZOLIO: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 398, by Senator Nozzolio, Senate Print 5450, Candyco Transcription Service, Inc. (518) 371-8910 614 1 an act to amend the Correction Law, in 2 relation to permitting correction officers. 3 ACTING PRESIDENT NOZZOLIO: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT NOZZOLIO: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT NOZZOLIO: The 12 bill is passed. 13 Senator Skelos, that completes the 14 reading of the noncontroversial calendar. 15 SENATOR SKELOS: Thank you. 16 Mr. President, is there any further 17 business at the desk? 18 ACTING PRESIDENT NOZZOLIO: There 19 is no housekeeping at the desk, Senator.

20 SENATOR SKELOS: There being no 21 none, I move we stand adjourned until Monday, 22 March 10th, at 3:00 p.m., intervening days 23 being legislative days. 24 ACTING PRESIDENT NOZZOLIO: On 25 motion, the Senate stands adjourned until Candyco Transcription Service, Inc. (518) 371-8910 615 1 Monday, March 10th, at 3:00 p.m., intervening 2 days being legislative days. 3 (Whereupon, at 11:39 a.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

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