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Date: 05/28/2008 Session: Regular

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 Candyco Transcription Service, Inc. (518) 371-8910 2462 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

Candyco Transcription Service, Inc. (518) 371-8910 2463 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 Candyco Transcription Service, Inc. (518) 371-8910 2464 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. Candyco Transcription Service, Inc. (518) 371-8910 2465 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 Candyco Transcription Service, Inc. (518) 371-8910 2466 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? Candyco Transcription Service, Inc. (518) 371-8910 2467 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 Candyco Transcription Service, Inc. (518) 371-8910 2468 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 Candyco Transcription Service, Inc. (518) 371-8910 2469 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. Candyco Transcription Service, Inc. (518) 371-8910 2470 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.) Candyco Transcription Service, Inc. (518) 371-8910 2471 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. Candyco Transcription Service, Inc. (518) 371-8910 2472 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.

Candyco Transcription Service, Inc. (518) 371-8910 2473 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. Candyco Transcription Service, Inc. (518) 371-8910 2474 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 Candyco Transcription Service, Inc. (518) 371-8910 2475 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 Candyco Transcription Service, Inc. (518) 371-8910 2476 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 Candyco Transcription Service, Inc. (518) 371-8910 2477 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 Candyco Transcription Service, Inc. (518) 371-8910 2478 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 Candyco Transcription Service, Inc. (518) 371-8910 2479 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. Candyco Transcription Service, Inc. (518) 371-8910 2480 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. Candyco Transcription Service, Inc. (518) 371-8910 2481 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 Candyco Transcription Service, Inc. (518) 371-8910 2482 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

Candyco Transcription Service, Inc. (518) 371-8910 2483 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. Candyco Transcription Service, Inc. (518) 371-8910 2484 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 Candyco Transcription Service, Inc. (518) 371-8910 2485 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 Candyco Transcription Service, Inc. (518) 371-8910 2486 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 Candyco Transcription Service, Inc. (518) 371-8910 2487 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 Candyco Transcription Service, Inc. (518) 371-8910 2488 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 Candyco Transcription Service, Inc. (518) 371-8910 2489 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 Candyco Transcription Service, Inc. (518) 371-8910 2490 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 Candyco Transcription Service, Inc. (518) 371-8910 2491 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 Candyco Transcription Service, Inc. (518) 371-8910 2492 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.)

Candyco Transcription Service, Inc. (518) 371-8910 2493 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. Candyco Transcription Service, Inc. (518) 371-8910 2494 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 Candyco Transcription Service, Inc. (518) 371-8910 2495 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 Candyco Transcription Service, Inc. (518) 371-8910 2496 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. Candyco Transcription Service, Inc. (518) 371-8910 2497 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 Candyco Transcription Service, Inc. (518) 371-8910 2498 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. Candyco Transcription Service, Inc. (518) 371-8910 2499 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. Candyco Transcription Service, Inc. (518) 371-8910 2500 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 Candyco Transcription Service, Inc. (518) 371-8910 2501 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. Candyco Transcription Service, Inc. (518) 371-8910 2502 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

Candyco Transcription Service, Inc. (518) 371-8910 2503 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. Candyco Transcription Service, Inc. (518) 371-8910 2504 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.) Candyco Transcription Service, Inc. (518) 371-8910 2505 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 Candyco Transcription Service, Inc. (518) 371-8910 2506 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 Candyco Transcription Service, Inc. (518) 371-8910 2507 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. Candyco Transcription Service, Inc. (518) 371-8910 2508 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. Candyco Transcription Service, Inc. (518) 371-8910 2509 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. Candyco Transcription Service, Inc. (518) 371-8910 2510 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 Candyco Transcription Service, Inc. (518) 371-8910 2511 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 Candyco Transcription Service, Inc. (518) 371-8910 2512 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

Candyco Transcription Service, Inc. (518) 371-8910 2513 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.) Candyco Transcription Service, Inc. (518) 371-8910 2514 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 Candyco Transcription Service, Inc. (518) 371-8910 2515 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. Candyco Transcription Service, Inc. (518) 371-8910 2516 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. Candyco Transcription Service, Inc. (518) 371-8910 2517 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 Candyco Transcription Service, Inc. (518) 371-8910

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