Thursday, February 5, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 5, 2009 11 11:11 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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

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(518) 371-8910 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, I 11 have a privileged resolution at the desk. I 12 ask that the title be read and move for its 13 immediate adoption. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will read. 16 THE SECRETARY: By Senator Smith, 17 Senate Resolution Number 315, providing for a 18 Senate Select Committee on Budget and Tax 19 Reform. 20 ACTING PRESIDENT VALESKY: Are 21 there any Senators wishing to be heard on the 22 resolution? 23 Seeing none, the question is on the 24 resolution. All in favor signify by saying

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(518) 371-8910 1 aye. 2 (Response of "Aye.") 3 ACTING PRESIDENT VALESKY: 4 Opposed, nay. 5 (No response.) 6 ACTING PRESIDENT VALESKY: The 7 resolution is adopted. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, 10 would you please call on Senator Addabbo. 11 ACTING PRESIDENT VALESKY: 12 Senator Addabbo. 13 SENATOR ADDABBO: Mr. President, 14 good morning. 15 I move that the following bills be 16 discharged from their respective committees 17 and be recommitted with instructions to strike 18 the enacting clause. These bills are 1060 and 19 1061. 20 ACTING PRESIDENT VALESKY: So 21 ordered. 22 SENATOR ADDABBO: Thank you. 23 ACTING PRESIDENT VALESKY: 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, if 2 we could go to the noncontroversial reading of 3 Senate Calendar Number 4. 4 Mr. President. 5 ACTING PRESIDENT VALESKY: 6 Senator Klein. 7 SENATOR KLEIN: If we can just 8 return to the order of motions and 9 resolutions, I believe Senator Leibell has 10 some privileged resolutions at the desk. 11 ACTING PRESIDENT VALESKY: 12 Motions and resolutions. 13 The Secretary will read. 14 THE SECRETARY: By Senator 15 Leibell, Legislative Resolution Number 306, 16 commemorating National Salute to Hospitalized 17 Veterans Week. 18 ACTING PRESIDENT VALESKY: The 19 question is on the resolution. All in favor 20 signify by saying aye. 21 (Response of "Aye.") 22 ACTING PRESIDENT VALESKY: 23 Opposed, nay. 24 (No response.)

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 resolution is adopted. 3 Senator Leibell, do you wish to be 4 recognized? 5 SENATOR LEIBELL: If I could, 6 Mr. President, just for a moment, to 7 acknowledge the importance of the service that 8 our veterans have given to this country, but 9 also to especially acknowledge the importance 10 and significance of those who have been 11 hospitalized as a result of their service. 12 This is a special time when we are 13 called upon to think about them, to think 14 about the service they've given, and to think 15 about the sacrifices also that their families 16 have made. 17 Thank you, Mr. President. 18 ACTING PRESIDENT VALESKY: 19 Senator, do you wish the resolution to be open 20 for cosponsorship? 21 SENATOR LEIBELL: Yes, I do. 22 ACTING PRESIDENT VALESKY: 23 Senator Leibell's resolution is open for 24 cosponsorship. Anyone wishing not to join the

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(518) 371-8910 1 resolution, please notify the desk. 2 The Secretary will read. 3 THE SECRETARY: By Senator 4 Leibell, Legislative Resolution Number 307, 5 honoring the Lower Hudson Valley Building and 6 Construction Trades Employee Assistance 7 Program upon the occasion of its designation 8 as Organization of the Year by the 9 New Yorktown Chamber of Commerce. 10 ACTING PRESIDENT VALESKY: The 11 question is on the resolution. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT VALESKY: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT VALESKY: The 18 resolution is adopted. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: By Senator 22 Leibell, Legislative Resolution Number 308, 23 honoring Jared Feinberg upon the occasion of 24 his designation as recipient of the Chairman's

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(518) 371-8910 1 Award by the New Yorktown Chamber of Commerce. 2 ACTING PRESIDENT VALESKY: The 3 question is on the resolution. All in favor 4 signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT VALESKY: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT VALESKY: The 10 resolution is adopted. 11 The Secretary will continue to 12 read. 13 THE SECRETARY: By Senator 14 Leibell, Legislative Resolution Number 309, 15 honoring Richard Leahy upon the occasion of 16 his designation as recipient of the John W. 17 Chase Award by the New Yorktown Chamber of 18 Commerce. 19 ACTING PRESIDENT VALESKY: The 20 question is on the resolution. All in favor 21 signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT VALESKY: The 3 resolution is adopted. 4 The Secretary will read. 5 THE SECRETARY: By Senator 6 Leibell, Legislative Resolution Number 310, 7 honoring John C. Federspiel upon the occasion 8 of his designation as Business Person of the 9 Year by the New Yorktown Chamber of Commerce. 10 ACTING PRESIDENT VALESKY: The 11 question is on the resolution. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT VALESKY: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT VALESKY: The 18 resolution is adopted. 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 can we now go to the noncontroversial reading 22 of Senate Calendar Number 4. 23 ACTING PRESIDENT VALESKY: The 24 Secretary will proceed with the

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(518) 371-8910 1 noncontroversial reading of the calendar. 2 THE SECRETARY: Calendar Number 3 4, by Senator Sampson, Senate Print 134, an 4 act to amend the Real Property Law. 5 ACTING PRESIDENT VALESKY: Read 6 the last section. 7 SENATOR LIBOUS: Lay it aside, 8 please, Mr. President. 9 ACTING PRESIDENT VALESKY: The 10 bill is laid aside. 11 SENATOR SAMPSON: Mr. President. 12 ACTING PRESIDENT VALESKY: 13 Senator Sampson, why do you rise? 14 SENATOR SAMPSON: I wish to lay 15 aside Calendar Number 4, Senate Bill Number 16 134. I'd like to lay it aside for the day. 17 ACTING PRESIDENT VALESKY: The 18 bill is laid aside for the day. 19 The Secretary will continue to 20 read. 21 THE SECRETARY: Calendar Number 22 6, by Senator Larkin, Senate Print 663, an act 23 to amend the Lien Law. 24 ACTING PRESIDENT VALESKY: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 60th day. 4 ACTING PRESIDENT VALESKY: Call 5 the roll. 6 (The Secretary called the roll.) 7 SENATOR CRAIG JOHNSON: Mr. 8 President. 9 ACTING PRESIDENT VALESKY: 10 Senator Johnson, why do you rise? 11 SENATOR CRAIG JOHNSON: Mr. 12 President, to explain my vote on this bill. 13 ACTING PRESIDENT VALESKY: 14 Senator C. Johnson, to explain his vote. 15 SENATOR CRAIG JOHNSON: Thank 16 you, Mr. President. 17 I congratulate Senator Larkin on 18 the passage of this bill. I just want to make 19 an observation. 20 We've been here for a couple of 21 days, and the minority has made an effort 22 to -- I don't want to use the word 23 "criticize," but make an observation about how 24 bills seem to be moving a little bit slower

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(518) 371-8910 1 than usual now that the Democrats are in the 2 majority. 3 I want to make an observation. I 4 haven't been here that long; I've been here 5 for a couple of years. But I note that last 6 year, the first bill that was able to get 7 chaptered that got on the active list by the 8 minority was April, April of '08. 9 We're here today -- 10 SENATOR NOZZOLIO: Point of 11 order, Mr. President. 12 ACTING PRESIDENT VALESKY: 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Mr. President, 15 point of order. 16 I believe that Senator Johnson's 17 colloquy today is out of order. What is his 18 point? It's not germane. 19 SENATOR CRAIG JOHNSON: I'm 20 explaining my vote. 21 ACTING PRESIDENT VALESKY: 22 Senator Nozzolio, Senator Johnson has risen to 23 explain his vote on the piece of legislation 24 in front of us.

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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President, 2 that I question Senator Johnson's comments as 3 non-germane to the legislation before us. 4 ACTING PRESIDENT VALESKY: 5 Senator Johnson, we'd ask you to try to 6 confine your remarks to the substance of the 7 bill and explain how you will be voting on the 8 piece of legislation. 9 SENATOR CRAIG JOHNSON: Well, I 10 think it's important for me to explain my vote 11 because, you know, a lot of times it's not 12 just about the bill but -- not just about the 13 contents but also about the spirit of the 14 bill. 15 And I think what's important about 16 the spirit of the bill is the observation, as 17 we move forward in this time of working in a 18 bipartisan manner, in supporting legislation 19 from both sides of the aisle, it's important 20 to recognize that we are here to work in a 21 bipartisan manner. And one of the most 22 important things to recognize is moving bills 23 from both sides, our own as well as the 24 minority side.

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(518) 371-8910 1 So today we're here to support -- 2 and I'm sorry that we didn't have a chance to 3 hear your bill, Senator Sampson. But we're 4 here to support, it looks like in almost a 5 unanimous way, Senator Larkin's important 6 piece of legislation. 7 But that's what makes it so 8 important, is because it's done in a 9 bipartisan manner. And we are reflecting and 10 demonstrating that commitment, unlike when the 11 minority was in the majority and making a 12 Democratic Senator wait four months to get a 13 piece of legislation on the floor. 14 So I will support this legislation 15 today in the spirit of bipartisanship. 16 Thank you very much, Mr. President. 17 ACTING PRESIDENT VALESKY: 18 Senator Johnson will be recorded in the 19 affirmative. 20 The Secretary will announce the 21 results. 22 I'm sorry, Senator Libous, why do 23 you rise? 24 SENATOR LIBOUS: Thank you,

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(518) 371-8910 1 Mr. President. Could I also explain my vote? 2 ACTING PRESIDENT VALESKY: 3 Absolutely. 4 SENATOR LIBOUS: Mr. President, I 5 heard what was spoken as Senator Johnson 6 explained his vote. And I would just like to, 7 Mr. President, through you, remind Senator 8 Johnson that it is not how you start the race 9 that counts, it's how you finish it. 10 ACTING PRESIDENT VALESKY: 11 Senator Libous, how do you vote on the bill? 12 SENATOR LIBOUS: Yes. 13 ACTING PRESIDENT VALESKY: 14 Senator Libous will be recorded in the 15 affirmative. 16 Does anyone else wish to explain 17 their vote? 18 Senator Maziarz, to explain his 19 vote. 20 SENATOR MAZIARZ: Thank you very 21 much, Mr. President. 22 Mr. President, on this bill I would 23 like to just say to all of my colleagues over 24 there, and most particularly to you, David

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(518) 371-8910 1 Valesky, that -- 2 SENATOR CRAIG JOHNSON: Point of 3 order. 4 SENATOR MAZIARZ: -- that is what 5 we have become -- 6 SENATOR CRAIG JOHNSON: Point of 7 order, Mr. President. 8 SENATOR MAZIARZ: -- the county 9 legislature. That is what we have become. 10 SENATOR CRAIG JOHNSON: Point of 11 order. 12 ACTING PRESIDENT VALESKY: 13 Senator Craig Johnson, why do you rise? 14 SENATOR CRAIG JOHNSON: Point of 15 order, Mr. President. 16 ACTING PRESIDENT VALESKY: State 17 your point of order. 18 SENATOR CRAIG JOHNSON: Mr. 19 President, my understanding of the rules is 20 that with respect to debate and discussion and 21 explaining your vote, it is inappropriate for 22 Senators to individually name other Senators 23 when it comes to the discussion. 24 I think that we as a body have to

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(518) 371-8910 1 do a better job. And quite frankly, we've 2 allowed other Senators to point out and name 3 other Senators. 4 Mr. President, I think it's 5 inappropriate and my point of order is it's 6 inappropriate for one Senator to specifically 7 name another Senator who is not involved in 8 the debate, who is not involved in the 9 discussion. If Senator Maziarz wants to name 10 anybody, he should name himself and focus on 11 the issue at hand. 12 That's my point of order, 13 Mr. President. 14 SENATOR MAZIARZ: Mr. President, 15 now I have a point of order. 16 ACTING PRESIDENT VALESKY: 17 Senator Maziarz, state your point of order. 18 SENATOR MAZIARZ: I would like 19 the record read back to see if during my 20 explanation of my vote I ever mentioned a 21 Senator's name. 22 ACTING PRESIDENT VALESKY: I 23 believe you actually mentioned my name, 24 Senator Maziarz.

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(518) 371-8910 1 SENATOR MAZIARZ: You're 2 presiding. 3 ACTING PRESIDENT VALESKY: 4 Senator Maziarz, how do you vote on the 5 legislation? 6 SENATOR MAZIARZ: In the 7 affirmative. 8 ACTING PRESIDENT VALESKY: 9 Senator Maziarz will be recorded in the 10 affirmative. 11 Senator LaValle, to explain his 12 vote. 13 SENATOR LaVALLE: Thank you, 14 Mr. President. 15 Mr. President, I just want to say 16 that this legislation before us will save 17 homeowner associations money. It's a good 18 bill that Senator Larkin has sponsored. 19 And I would also note, in 20 explaining my vote, that today is Senator 21 Larkin's birthday. 22 I vote in the affirmative. 23 ACTING PRESIDENT VALESKY: Happy 24 birthday, Senator Larkin.

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(518) 371-8910 1 (Standing ovation.) 2 ACTING PRESIDENT VALESKY: 3 Senator LaValle will be recorded in the 4 affirmative on the bill. 5 The chair wishes to recognize the 6 happy occasion of Senator Larkin's birthday. 7 Are there any other Senators who 8 wish to explain their vote? 9 Hearing none, the Secretary will 10 announce the results. 11 THE SECRETARY: Ayes, 57. Nays, 12 0. 13 ACTING PRESIDENT VALESKY: The 14 bill is passed. 15 Senator Klein, that completes the 16 noncontroversial reading of the calendar. 17 SENATOR KLEIN: Mr. President, on 18 behalf of the Majority Leader, I hand up the 19 following leadership notice and ask that it be 20 filed in the Journal. 21 ACTING PRESIDENT VALESKY: So 22 ordered. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, is

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(518) 371-8910 1 there any further business at the desk? 2 ACTING PRESIDENT VALESKY: There 3 is none. 4 SENATOR KLEIN: There being none, 5 Mr. President, I move we adjourn until Monday, 6 February 9th, at 3:00 p.m., intervening days 7 to be legislative days. 8 ACTING PRESIDENT VALESKY: There 9 being no further business to come before the 10 Senate, on motion, the Senate stands adjourned 11 until Monday, February 9th, at 3:00 p.m., 12 intervening days being legislative days. 13 (Whereupon, at 11:24 a.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910